Redding Workers’ Compensation Law Blog

When many people hear about workers compensation claims, they think about falls, broken bones, and other workplace injuries. However, there is a new threat to employee health that is being recognized. OSHA is now reporting that Ototoxicants, chemicals that cause hearing loss and balance problems when absorbed, inhaled or ingested, may be endangering the quality of life of employees across the nation. OSHA has grouped Ototoxicants into five separate categories: pharmaceuticals, asphyxiants, solvents, metals and compounds, and nitriles. In addition to the damage to an employee’s quality of life, this also poses a safety risk as these issues can cause workers to not be able to properly distinguish the voice of a coworker who may be warning them of impending danger....

Workers in California, especially those in the construction industry, should know how important it is for their employers to keep the job site free of foreseeable hazards. Below are five all too common mistakes that their employers might make that could lead to a workplace injury. The first is giving employees the wrong tools for a job. Even when two tools are similar, employees should understand that certain tools are made for certain applications. The second mistake is failing to give employees the right personal protective equipment. Employers should start by performing a PPE assessment and then purchase the right equipment. Employees should be told not to remove PPE, even when the weather makes it uncomfortable. Many worksites require ladders and scaffolding....

Those living and working in California may want to know more about the QME as it relates to compensation for injured workers and the Division of Workers’ Compensation Medical Unit. It is important to understand the QME when it comes to claims and navigation through the system. According to the State of California Department of Industrial Relations, a claims administrator helps workers with advice about their rights and the steps needed to get medical care. A worker may also learn of other benefits they are entitled to under workers’ compensation laws in California. A QME stands for qualified medical evaluator; this is a physician who does the evaluation and advises what benefits are available. The QME is trained in the workers’...

If you suffer a severe injury on the job, you may know you can pursue and obtain workers’ compensation benefits. However, the process of recovering the benefits you deserve is often complex. There are several mistakes to avoid that could put your claim at risk, such as missing deadlines or not reporting your injury in the first place. Another risk that injured workers might overlook is their social media account. Insurance Companies Will Look At Your Social Media Nowadays, Californians of all ages have at least one social media account in their name. You might use your account to keep in touch with faraway friends and family, or even keep up to date with the news. You might already know...

Residents and businesses of California should be aware of the Labor Code and what it requires for those doctors who are a Qualified Medical Examiner (QME). This is important for those with workers’ compensation claims of injury on the job. Who are these physicians or evaluators? According to FindLaw, the QME is appointed according to their expertise for a term of two years by the administrative director. Prior to appointment, they must pass an examination that shows they have the legal-medical competence needed for workers’ compensation. The physician must also pass a course on disability evaluation report writing approved by the administrative director. Classes includes, but are not limited to, 12 hours of more of instruction. The QME must have devoted...

Californians who have been injured on the job may rely on workers’ compensation benefits for a variety of reasons. A common concern is what they will do if a claim is denied. While this is undoubtedly a setback, there are ways to reverse a denial. It’s important to understand why a case might be denied and the steps to appeal. There are time constraints to report the injury. Workers who fail to report in the required time frame run the risk of facing a denied claim. There is also a time limit to file the claim. In general, it must be done within 30 to 90 days. Employers do not need to automatically agree with the claim. If there is a dispute...

Various changes in the retail warehouse industry are forcing it to become more fast-paced, which means that employers may be more willing to sacrifice safety for efficiency and productivity. Warehouse workers in California are thus more liable to be injured on the job. The Bureau of Labor Statistics puts the injury rate for retail warehouse workers at 5.1 per 100 full-time equivalent workers: about the same as the one for farmers. The BLS also points out that fatal injuries in warehouses went from 11 in 2015 to 22 in 2017. The following are a few areas where workers’ safety can be compromise First, many warehouses are using robotic machines and even robotic forklifts, which can strike or crush workers who have not...

Many small business owners in California want to improve safety but do not have the resources for it. On the other hand, older and larger businesses that do have the money and resources can actually benefit by not investing in safety. According to an international study, companies can survive up to 56% longer by dealing with workers’ compensation claims as opposed to improving safety so that such claims never arise. The study looked at the survival of more than 100,000 Oregon-based companies over a period of 25 years. By “survival,” it’s meant the ability to continue operating even when faced with a change in owners. Researchers focused on disabling claims, or workers’ comp claims where the victim suffered a permanent disability or...

Metallic mercury can pose a health and safety risk to many workers. While it remains a liquid at room temperature, it can turn into a toxic vapor or mingle with dust, causing problems once it is inhaled. The California Department of Public Health points out that it’s also harmful for the skin to come into contact with this metal. Mercury exposure, when it’s chronic but at a low level every time, will damage the nervous system so that victims may experience tremors or weakness in the limbs. Victims may also develop anxiety or start to lose their memory. At high levels, mercury exposure is fatal. The effect of mercury on the reproductive functions is well-known. It can cause infertility in...

Most workers who get hurt on the job will have minimal need for workers’ compensation. In a lot of cases, the benefits someone can secure through California workers’ compensation after a workplace injury may only need to cover basic medical care immediately after the incident and possibly the loss of wages for a few days or a couple of weeks. In rare, more severe, cases, an individual who gets hurt on the job might wind up with a permanent disability. In fact, even injuries that people sometimes think of as minor or at least easy to recover from, like broken bones, can result in a permanent disability that leaves someone unable to return to work and possibly reduces their quality...

Between 1992 and 2017, the number of U.S. workers 55 and older has more than doubled. Yet in that same time period, the number of fatal occupational injuries among these workers rose 56%. California residents should know that this was in spite of a 17% decline in overall fatal occupational injuries. This was only the first of the many findings that the Bureau of Labor Statistics released in January 2020 in the Monthly Labor Review. The BLS found that workers 65 and older were especially dying on the job more frequently. The fatality rates were as follows: 3.4 per 100,000 full-time equivalent workers overall, 4.6 per 100,000 FTE workers for those aged 55 to 64 and 10.3 per 100,000 FTE workers for...

California employees who frequently work around machinery probably know something about pinch points. These are any points where workers or one of their extremities are liable to get caught. They include areas between two moving parts, between a moving and a stationary part of the machine and between a part of the machine and some material. Metal workers may encounter pinch points in power presses and other metal-forming machines. Construction and warehouse workers run a high risk for injury as well. Pinch points can be found in conveyors, printing presses, assembling machines, powered rollers and power transmission equipment. Powered covers and hatches also come with pinch points. Employers who use robotic machines should know that even these pose a safety hazard. To...

In California, incidents resulting in an injury to highway construction workers are on the rise. Whether it is simply due to more roadwork being performed on crumbling infrastructure or the fact that drivers are not paying the proper amount of attention, those who perform their jobs in work zones are risking their health when they go to work each day. Employers must take steps to protect their employees when they are on the job. In a highway setting, this means having more barriers to keep employees safe. It also means selecting the right type of material for the barriers to make them more effective against cars. Many accidents happen when workers are hit by cars entering the work zone and...

Construction workers in California probably know how dangerous it is to be in a work zone. Despite various efforts to reduce violations, the number of work zone fatalities nationwide has remained steady over the years. The Bureau of Labor Statistics, for instance, analyzed the number of such fatalities between 2003 and 2018 and said that an average of 123 workers died each year. While 2013 saw a low of 105 deaths, the number shot up to 143 in 2016 before coming down to 124 in 2018. The National Highway Traffic Safety Administration, which recorded all work zone deaths, said that there have been an average of 745 such deaths since 2014. Many of these workers die after being struck by cars entering...

Undocumented workers or those without proper paperwork for securing paying jobs in the United States contribute substantially to the economy in California. Some people without documentation work in factories, while others work on farms, in retail businesses or at restaurants. Regardless of what field you work in, you need to know your rights or risk an employer intentionally violating them, especially if you get hurt on the job. Employers may attempt to take advantage of workers without documentation, especially in situations where those workers aren’t familiar with their own rights or aren’t willing to stand up for them. For example, if you experience a work incident that leaves you hurt, you have the right to workers’ compensation protection, regardless of your documentation...

Certain work-related illnesses and injuries are to be recorded on a log known as OSHA’s Form 300. OSHA has set up criteria that employers in California, as elsewhere, must evaluate each injury and illness in the light of so that they will know what to record and what not to. Unfortunately, there is some confusion in this regard; even those who know the criteria can find them to be full of gray areas. XpertHR, a provider of human resources tools, has come out with a guide to help employers with compliance with OSHA’s record-keeping guidelines. It’s the Top 10 Q&As and Checklist for OSHA Compliance, and it can be accessed online. The guide gives several real-world scenarios and shows how...

The mining industry faces a high risk for fires every day, so mine owners in California need to make sure they are doing all they can to keep workers safe. It starts with proper ventilation and atmospheric monitoring, and fortunately, new technology can help in the efforts. For example, ventilation on demand, rather than sending clean air to unoccupied areas of the mine, will ventilate those places where sensors detect machinery and people to be present. Heavy machinery inevitably produces dust and potentially toxic fumes, so this is essential. When it comes to monitoring, employers could turn to certain devices offered by Carroll Technologies, the nationally recognized maker of mining safety equipment. Its PBE Belt Boss series of monitors can check...

Medical bills and missing work are ingredients for disaster, so you want all the help you can get from workers’ compensation. The insurance company might not want to hear what you and your doctor have to say, but a third party could step in and set things straight. Workers’ compensation provided over $608 million to California workers last year. That money goes out to thousands of workers who need help covering costs after a workplace accident. But getting the money you need isn’t guaranteed when you apply, and the insurance company may need some convincing. This is where a qualified medical examiner (QME) may come into play, in the right situations. Second Opinions There are a few scenarios which could put you...

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? A Misclassification Crackdown The U.S. Department of Labor works with the IRS and state workforce agencies to uncover employee misclassification practices. The IRS, for example, has a Questionable Employment Tax Program through which they identify schemes that involve misclassifying employees as independent contractors so employers can avoid paying the appropriate taxes. The misclassified employees are not eligible to receive such benefits as overtime pay or pay for meals or breaks. If injured on the job, they do not qualify for workers’ compensation benefits. Targeted Industries Incidents of misclassification cost California...

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? Payments For Medical Expenses Your employer may have to pay for expenses relating to your treatment...

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. Watch Out For Slip, Trip And Fall Hazards Here are some common causes of slip, trip and fall accidents: Slippery floors from spills...

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. When To Notify Your Boss You need to notify your employer of the injury as soon...

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.  Identifying Repetitive Stress Injuries Repetitive stress injuries occur...

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....