Redding Workers’ Compensation Law Blog

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...

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...