Redding Workers’ Compensation Law Blog

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....

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...

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...

Many workers are at risk of being burned, but not all burns are the same. Burns are classified according to their severity, which is known as the degree, but they’re also classified according to the cause of the burn. The cause is important because not all burns can be treated the same way. The circumstances of a person’s job determine what types of burn hazards they might be subjected to. Trying to keep hazards to a minimum can reduce the likelihood that a person will suffer from one of these types of burns: Radiation burn: One common cause of this is the sun. Individuals who work outside are at risk of this type of burn, but anyone who’s around radiation or...

Workers might not realize there is a class of chemicals that can cause serious, irreparable damage to the hearing and inner ear function. Ototoxicants are chemicals that can cause hearing loss and balance issues. They can be inhaled, ingested or absorbed directly through the skin. OSHA has issued an alert and continues to update it. They have grouped the otoxicants into five general categories: Pharmaceuticals, including analgesics and antibiotics Solvents, including carbon disulfide, styrene and trichloroethylene Asphyxiants, including tobacco smoke and carbon monoxide Nitriles, including acrylonitrile Metals and compounds, including mercury compounds, germanium dioxide and lead The administration has also identified numerous industries with higher exposure risk. These industries can include agriculture, construction, mining and utilities. Speech Discrimination Dysfunction Hearing loss...

Whether it’s because someone is off work due to illness or because of a downturn in the economy, having fewer people on the job to help with the work that needs to be done can make it more likely for you and others to be at risk of injuring yourselves. Understaffing is a significant problem in any industry, because not having enough people to work means that others may try to compensate and perform jobs without the support that they need. Inadequate staffing can be a major liability for employers when it takes place over a long course of time. For example, the Journal of the American Medical Association Pediatrics reported that nurses were more likely to have higher stress...

Most employees probably don’t anticipate personal harm when they clock into their job each day. Yet, workplace injuries affect every industry nationwide. Some positions carry more inherent risk than others, yet there is always the chance that you could get injured and need to rely on workers’ compensation while you recover. However, with mandated shutdowns related to the pandemic, how are you supposed to handle a claim? 5 Things You Should Know About Filing For Workers’ Compensation During The Pandemic Along with countless other organizations, the California Department of Workers’ Compensation (DWC) made service changes in response to the coronavirus. Meanwhile, you may have been required to continue your job-related duties as usual. Considering potential confusion about how the DWC is currently...

Nurses in California and throughout the U.S. are exposed to hazards every day, so preventing injuries and illness should be uppermost in their mind. American Mobile Healthcare offers 10 tips to help in the prevention. First, nurses should stay healthy through daily exercise and a nutritious diet. The second tip is to obtain sufficient sleep. These two steps ensure a strong immune system and an alert mind. Next, nurses should always take care to wash their hands when on the job. To prevent the transmission of patients’ bodily fluids, they must wear the appropriate protective gear like masks and gowns. Staying up-to-date on immunizations is essential. Nurses can encounter hepatitis B, tetanus, diphtheria and more. The sixth tip is to be...

Workers’ compensation insurance is required in California. This helps cover medical expenses, lost wages and so on after an employee has suffered a work-related injury or developed a work-related illness. Of course, determining whether something is work-related can be difficult in some cases. Injuries that occur at the workplace count in addition to injuries incurred in other locations if employees were still engaged in some job-related activity, such as driving a company-owned vehicle and running a job-related errand. Even attending a company party or social event hosted by the employer counts as relating to one’s employment. Injuries suffered during a lunch break can count if the setting was on employer-owned grounds or connected in some other way to employment. For example, the...

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....

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...

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...