Redding Workers’ Compensation Law Blog

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...

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...

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...

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...

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....

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. Your Claims Cannot Be Verified A claim such as carpal tunnel syndrome or even back pain might not arise from a single obvious triggering incident. Rather, these conditions could have built over time and even led to chronic pain, which is a complicated issue to prove in itself. So, an employer might say something...

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. Complete The Process Correctly It is a fact that anything involving the government is complex and confusing. Although you can find information and paperwork online, there...

Workers’ compensation is an important benefit that should protect employees and ensure they receive the treatment they need after an injury. Unfortunately, this ideal is not always the reality when workers go to file a claim. According to the United State Department of Labor, in fact, as many as 46 percent of applications end in a denial upon first submission in the state of California. This is a startling statistic, but the thought of giving up after a denial is even more startling. Fortunately, there is an appeals process in place that allows injured workers to continue seeking compensation. There are a few steps you should take in order to continue pursuing your case. Consider Your Legal Options If you were denied...

In every field or profession, there is a chance that you can be injured on the job. Sometimes these injuries are basic and easily treated while others can put you in the hospital and completely change the course of your life. Most companies use workers’ compensation insurance to help cover the financial costs when an employee is injured on the job, but it’s important that the employee understands the basics of how the process works. Can I Avoid Getting Hurt While Working? In California, all employers must have an illness and injury prevention program that includes workplace inspections, worker training and specific procedures for dealing with unsafe conditions quickly and promptly. All unsafe conditions should be reported quickly to your...

Even if you’ve been injured on the job, you might hesitate to file for workers’ compensation. You might worry about how filing for workers’ comp could affect your job. Will your employer be upset and take it out on you? Could your employer decide to fire you if you make a claim? You don’t need to worry: this kind of behavior is illegal under California labor law. According to the California Labor Code, employers are prohibited from discriminating against workers who are hurt on the job. This means that if you file for workers’ comp – or make it known that you intend to file for workers’ comp – it is illegal for your employer to do any of the...

Maybe you were injured in a workplace accident. Maybe you were exposed to toxic chemicals on the job. Maybe your condition is a result of repetitive stress. In any of these situations, you may qualify for workers’ compensation benefits. However, the first step to getting the help you need is understanding how the system works – and how it doesn’t. Here are five common myths about workers’ compensation benefits in California: Myth #1: You Don’t Get Enough To Make Filing A Claim Worthwhile. On the contrary, workers’ compensation can provide a wide array of benefits. According to California’s Department of Industrial Relations, these benefits include medical care, paychecks to help cover temporary or permanent disability, supplemental job displacement benefits to help...

As a nursing assistant, you do a lot of very demanding work for patients. This includes tasks like lifting them in and out of bed and helping them in the bathroom. Getting injured on the job is the last thing you want. But physically caring directly for patients – especially the task of lifting them – is dangerous work. Indeed, if you are reading this, you may have already experienced an injury firsthand and be in need of workers’ compensation. In this post, we will address three common questions. Does Job Title Matter When Applying For Workers’ Comp? No. Certified nursing assistants (CNAs) are also called nurses aids or nurse’s assistants. And your employer may call your position by various...