Redding Workers’ Compensation Law Blog

A report published earlier this year by the Occupational Safety and Health Administration (OSHA) hinted at how workplace illnesses and injuries are predictable, and thus, also preventable. The federal agency cited various reporting requirements that both employers and workers can consult to find out more about the workplace in their industries, jobs and roles. This can be helpful when trying to justify how predictable injuries are. What Injury Risk Factors Do You Face In Your Job? OSHA has a publication called a “300 log.” That list compiles the many different professions that exist and includes the most common injuries workers face in each of those industries. The data included on that list comes from injury reports submitted to OSHA by employers. The...

Workers often require convalescent leave after an injury on the job. Workers’ compensation insurance can protect injured workers by giving them disability benefits. These benefits will cover some of the workers’ missed wages when they are at home recovering. Unfortunately, even with good medical care available at no employee cost through workers’ compensation, not everyone hurt on the job fully recovers. Some employees can’t go back to the same job they did before, which means that they won’t be able to earn as much money as they did previously. How does the workers’ compensation system in California protect injured workers from the impact of decreased earning potential? There Are Supplemental Job Displacement Benefits To Help A Worker Find A New...

You know that there is always a chance that you could get injured at work. Even simple things, like changing a lightbulb or walking down the stairs, could lead to a serious accident. But what if your boss asks you to do something that really seems far too dangerous? You think it’s unwise to even try, as injury seems not just possible, but likely. Do you still have to do it? Or can you refuse? When Can You Turn Down A Job Your Boss Tells You To Do? The first thing you should do is tell your employer why you don’t want to do the task and why you think it’s too dangerous. They may be more than willing to take steps...

This is the time of year when teens across California start looking for summer jobs if they don’t already have one lined up. Many businesses of all kinds rely on teen employees and find many advantages to hiring them. Most teens are part-time workers, so businesses can save money by not having to provide the same benefits full-time employees are owed. They can fill the void left by salaried employees taking vacation time. They’re energetic, they typically learn fast and they’re willing to do just about any task – no matter menial. Teen Workers Need To Know Their Rights However, teen workers often aren’t aware of their rights in the workplace. They may not think to ask, and some employers...

Repetitive stress injuries (RSIs) develop slowly, over time. Quite often, they’re work-related injuries that are directly tied to the motions a worker has to make over and over again to do their job. Once an RSI develops, it can be quite debilitating. That’s why it is so important to seek medical care for a suspected RSI as soon as you develop any kind of symptoms. What Causes Repetitive Stress Injuries? There are dozens of activities that could lead to repetitive stress injuries, such as: Lifting objects into place Moving your hands and arms above your shoulders Assembling products with similar movements Typing all day Using a computer mouse Sitting in a stationary position Climbing ladders These actions could lead to...

Scenario: You suffered an on-the-job back injury that required medical treatment and time away from work. You took all the proper steps and followed the California workers’ compensation regulations. Soon, your condition improved, and your claim was resolved. Unfortunately, a year later, your back injury resurfaces, and now you are suffering from pain and reduced mobility. What can you do? Reopen your claim? Open up a new case? Live with your work injury without seeking additional workers’ compensation benefits? Reopening A Claim May Be Possible When job injuries and disabilities resurface or worsen, you may be able to reopen your workers’ compensation claim. Injured workers in California have five years to reopen a claim. These five years start on the date...

There is a popular saying that accidents happen. The idea is that people sometimes wind up in circumstances over which they have no control and for which they have no personal responsibility. While that may be true, many times the events that people refer to as accidents are clearly the fault of one person. Someone texting at the wheel and not watching the road around them could T-Bone another driver because they don’t notice the changing traffic signals. A chef working in a high-pressure kitchen environment could suffer a severe cut that they cause by moving their hands the wrong way while chopping. Someone in a factory could make a mistake while lifting that leads to a back injury or...

As you know, workers’ compensation helps employees obtain medical care and replace their lost wages when workplace injuries occur. Some injuries are relatively easy to prove because they are the result of specific events. For example, it is easy to show how falling and breaking your arm occurred while performing your work duties. Continuous or cumulative trauma injuries are more elusive when it comes to proof. These injuries develop over time, making it hard for the worker and a doctor to prove the injury is work-related. Types Of Cumulative Workplace Injuries If you repeat the same motions regularly while working, cumulative injuries may arise. Office workers often suffer these injuries because they type every day or perform other repetitive movements....

You fall from a ladder at work and break your arm. You’re not even a doctor, and you know full well that it’s broken. You assume you can work with any doctor to come to that same conclusion, but you’ve heard that you may need to seek out a qualified medical examiner (QME). What sets this person apart from any other urgent care doctor or primary physician? Are There Questions About Your Injury? Per the California Department of Industrial Relations, the QME is someone who may give an evaluation “when there are questions about what benefits you should receive.” This is someone who partakes in ongoing education and has passed specific tests to qualify for work in this field. They...

Look around yourself at work. How many of your co-workers seem to be bleary-eyed and half-asleep on the job? If you find some who fit that description, you’re far from alone. The Oregon Healthy Workforce Center hired Colorado State University (CSU) researchers to review incident reports and interview construction workers between two different work sites in 2019. The CSU graduate students’ research revealed how much of an impact sleep has on worker safety. What The Researchers Found About Fatigue And Workplace Safety CSU’s researchers reviewed injury records and comparing those to the construction workers’ self-reported sleep data. This research called attention to how many construction workers suffer from insomnia or struggle with poor-quality sleep. These issues often cause cognitive impairments which led...

When you have a workplace injury, the process of obtaining workers’ compensation benefits should be rather simple. All bets are off, however, when you have previous injuries (on or off the job) or pre-existing health problems that are even remotely related to your current injury. Why Do Pre-existing Conditions And Old Injuries Matter To A Workers’ Comp Claim? If your work activity caused an aggravation of an old injury, a brand-new injury in the same location as an old injury or aggravated a pre-existing condition, you are still entitled to coverage under workers’ compensation. The trick, however, is proving that your injury is actually work-related. If you’re left with a permanent impairment, you can bet that your employer’s insurance company...

State laws require that employers carry workers’ compensation coverage. There are also state and federal laws that carefully regulate the insurance industry to help ensure that people with appropriate and covered claims don’t wind up denied necessary benefits. Unfortunately, there are still many people who need workers’ compensation but wind up receiving a denial notice when they file a claim. Although California does allow workers denied benefits to appeal, that process can be stressful. Some people who make mistakes in their initial application or reporting process may find that they have effectively lost the right to claim benefits or will need to do much more work to receive their benefits. Understanding the timeline for your obligations as an injured worker...

Workplace injuries are often tied to devices, machines, tools and vehicles. Drivers face high risks due to car accidents, for instance, while construction workers have elevated risks from power tools, blades, ladders, heights and much more. But it’s not always what you work with that puts you in danger. Sometimes, it’s the environment where you work that creates the biggest hazard. The weather itself can cause serious workplace injuries. The Weather Poses Workplace Risks In All Seasons There are risks in all seasons and all areas of the state. While California is generally a very warm state, you do have cold temperatures, especially in the north and the mountains. Extremely cold temperatures have led to numerous deaths and injuries over the years....

A summary rating is a document provided to you by the Disability Evaluation Unit in California. This document takes the qualified medical evaluator’s examination and report and converts it to a permanent disability rating for workers’ comp. The percentage score given to you determines how much compensation you will receive. Ratings from 1% to 100% are possible, with a score below 100 meaning that you have a permanent partial disability. Ratings of 100% extremely rare. How Is The Summary Rating Determined? According to the Department of Industrial Relations, the summary rating is determined by considering: The date of the injury Your medical condition How old you were when you were injured How much of this disability is a result of your job...

In the old days, when someone told you about their joint pain, it was likely to be your grandmother talking about her arthritis. Nowadays, it is probably someone who spends their days sitting at a computer, regardless of age. Repetitive strain injuries (RSIs) have become a massive problem affecting almost two million workers a year, according to the Occupational Safety and Health Administration (OSHA). One study found that the affect 60% of all those who work at a computer. Your Body Is Not Designed For Typing At A Keyboard All Day Wrist problems such as carpal tunnel syndrome are among the most common RSIs because so many of us spend our days typing at a keyboard. It is not something...

If you must use ladders as part of your job, please know that the risks you face are greater than they are for many other employees. Falls are a leading cause of injury, and it does not take a long fall for someone to suffer serious injuries. Just slipping on a six-foot ladder while changing a lightbulb could be enough. Ladders are always dangerous. That said, they’re also often necessary, so how can you work safely? Ladder Safety Starts With The Basics Here are a few important tips: Do not climb to the very top or even the step right below the top. Do not climb on the backside of the ladder. Do not have multiple workers use the same ladder...

Most workers who need workers’ compensation benefits in California will find that the process is relatively straightforward if they have the right help. However, for some workers applying for workers’ compensation benefits after an injury on the job or a diagnosis with a work-acquired illness, getting benefits can prove to be harder than they initially expected. Your employer could try to undermine your version of events that makes them, and their workers’ compensation insurer, responsible for your care. Perhaps no one denies that the medical issue is because of your work, but there is a disagreement about what kind of treatment you need. For those dealing with a denied claim or a dispute about the necessity of certain treatments, a qualified...

Restaurant work can be stable, decent-paying employment for those with a strong work ethic, even if they have no college education or professional job training. Someone can work their way up in a kitchen and eventually command decent wages by starting as a prep cook right out of high school. However, the dark side of all of that opportunity is the risk that line cooks and other culinary professionals assume on the job. The kitchen is one of the most dangerous places in the house, and it is also one of the most dangerous professional spaces. There Are Traumatic Injury Risks Everywhere In The Kitchen Culinary professionals often spend much of their day bent over open flame on a stove,...

As you may know, workplace injuries often occur suddenly as a result of an unexpected accident. Since sudden injuries link to a specific accident or event, filing for workers’ compensation is usually a simple process. However, workplace injuries and illnesses can also occur over time, making it hard for injured employees in Northern California to acquire benefits. The first thing you should know is that you have the right to receive workers’ compensation for cumulative injuries or continuous trauma. Examples Of Injuries That Develop Gradually Carpal tunnel syndrome in jobs requiring repetitive motion Tendonitis and rotator cuff trauma Certain injuries to the back, neck or shoulders Joint injuries (elbows, knees, etc.) from repetitive motion jobs Illnesses That May Occur Over Time Sick...

Have you ever lain awake at night, unable to sleep because of a sore back? If so, you are not alone. According to the Occupational Safety and Health Administration, over 600,000 workers suffer back injuries in the workplace. You do not need to work in an industry involving heavy lifting such as construction or landscaping for it to happen to you. There are so many different ways to injure your back. You can do so via a one-off event, or it can occur due to a series of events or movements over time. The sad thing is, many back injuries should never have happened. Here’s what can prevent them: Proper training: Employers have a responsibility to provide adequate training. If people understand the...

If you suffer an injury at your place of employment, there’s always a chance it could result in your filing a workers’ compensation claim. While you have the power to do so on your own, it’s typically best to consult with an experienced workers’ compensation lawyer. Here are some of the many reasons to seek legal assistance: Answers to all your questions: Not only does a workers’ compensation lawyer know the law inside and out, but they can also explain how it pertains to your situation. This allows you to focus on your recovery, as opposed to trying to learn more about something you don’t understand. They will protect your legal rights: For example, if you receive a denial letter,...

Different sorts of insurance will apply in different scenarios. If you get hurt in your home, your health insurance policy will cover (at least some) of the cost of your treatment. If you get hurt on the job, then the chances are good that you will need workers’ compensation insurance benefits to cover your costs and provide some replacement income for your lost wages. While they may cover similar needs, like the need for medical care, the rules for using these benefits are different. If you need medical care through workers’ compensation after an injury on the job, do you have the same right to choose your medical professional as you do when you receive more routine medical services? Your Employer And...

Workers’ compensation helps to cover the costs associated with a medical condition that directly results from someone’s career decisions. Many times, workers’ compensation covers the costs of traumatic injuries, like broken bones or head injuries that a worker suffers on the job. Such injuries can alter the course of someone’s life and drastically change their earning potential. However, you don’t have to fall off scaffolding or get into a crash in a company vehicle to qualify for workers’ compensation. Some people qualified based on illnesses they acquired while performing their job. Could you potentially get workers’ compensation for a medical condition that ties to your career? You Need Evidence To Connect Your Condition To Your Work If you develop an aggressive...

Countless Californians suffer injuries while on the job each year. The state requires almost every employer to have workers’ compensation coverage in case such an event occurs. It’s in situations where there are questions about how much in benefits you may be eligible to receive that state officials may schedule you to see a qualified medical evaluator (QME). Your participation in this examination could shape the outcome in your case. You must know what steps to take should you be unable to attend this critical appointment. State officials randomly assign you to see a QME that has an office in select zip codes closest to your home. Your claim administrator may be willing to switch that assigned doctor out for one closer...