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Workers' Comp

Recent Posts in Workers' Comp Category

  • What Are Your Rights if You Develop an Occupational Illness?

    In some professions, employees encounter toxic chemicals, disease, and other agents that can contribute to the development of a work-related illness. The workers’ compensation insurance systems in some states (including California) allow for the coverage of occupational illnesses, in addition to on-the-job injuries. Types of Work-Related Illnesses and Causes Occupational illnesses can be caused by ...
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  • What is Considered Willful Misconduct in a Workers’ Compensation Case?

    Work injuries can happen for a number of different reasons: Defective equipment, third-party negligence, and car accidents are just some examples of how an employee can be injured on the job. While there are multiple factors that can contribute to a work accident, and therefore many different parties that could be liable for an employee’s injuries, cases of “serious and willful misconduct” ...
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  • The Dangers of Carpal Tunnel

    Workplace injuries are not always as obvious as they seem, and many individuals suffer due to the occupational conditions of their jobs. Some jobs, though not physically demanding, may put employees in the position to develop conditions or diseases due to the circumstances specifically related to the type of job or work environment. State law protects injured employees and offers workers’ ...
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  • What is Workplace Retaliation & What Are My Rights?

    Despite it being within your full rights as an injured employee to pursue workers’ compensation benefits, your employer may not be pleased with the fact. Some employers may discreetly attempt to discourage you, while others will go as far as threatening to fire you if you file a workers compensation claim. Perhaps the most common scenario, however, is the one where an employee returns to a hostile ...
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  • Why It’s Not a Good Idea to Return to Work Early

    In the event of a serious workplace injury, you may have to miss weeks or months of work in order to make a full recovery. Fortunately, you may be eligible to receive workers’ compensation benefits to cover your medical expenses and replacement income to help you stay afloat while you heal. However, many workers recovering from injury are eager to return to work as soon as possible, whether ...
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  • Can I Collect Workers’ Comp Benefits for an Injury During My Commute?

    Whether you drive your own vehicle or take the train, San Jose residents commute to work every day. However, sometimes accidents can happen on the way to or from work. If you have suffered an injury during your morning or evening commute, you may be wondering if you qualify for workers compensation benefits . Although you are technically not “on the clock,” this type of travel is necessary to ...
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  • What Is the Occupational Safety & Health Administration?

    The Occupational Safety and Health Administration (OSHA) is responsible for ensuring employees and employers follow all guidelines and regulations in the Occupational Safety and Health Act. This acted establishes rules and regulations for dealing with job hazards and reporting violations to make workplaces safer. The United States Department of Labor oversees OSHA and uses Compliance Safety and ...
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  • OSHA Says It Will Eliminate Electronic Reporting Rules

    Early this year, the Occupational Safety and Health Administration (OSHA) put out a press release announcing it would do away with the electronic reporting of certain sensitive information about injured employees. Employers are required to maintain a series of injury reporting forms on-site that must be submitted online. The information on these forms are routinely collected by OSHA. However, OSHA ...
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  • Can Teachers Get Worker’s Comp for Violent Assaults

    With all of the school shootings that occur each year, you can understand why workplace violence is a major concern for teachers throughout the United States. Teachers can potentially face attacks from violent students or co-workers, and with the popularity of social media apps, many of these incidents are being captured on smart phones and posted online. In this blog, we explain if teachers can ...
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  • Business Travel Safety Tips

    If you have to travel a lot for business, it is important to make sure that you do everything you can to ensure you arrive at your destination safely. No matter if you are flying or driving, travelers face a wide range of safety risks. From getting sick to suffering an injury in a car accident, traveling for business can result in major medical compilations. Before you go on your next business ...
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  • What Types of Injuries Does Workers' Compensation Cover?

    Workers in California who suffer serious injuries while performing their job related duties are entitled to file a claim for worker’s compensation benefits . Employers in the state are required to carry workers’ compensation coverage for their employees. If the employee’s injury claim is successful, they can be awarded financial benefits to cover their damages. Although workers are entitled to ...
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  • Can Social Media Hurt My Workers' Compensation Claim?

    Insurance companies have access to a wide range of fraud detection strategies. One of these strategies, is to monitor social media accounts in order to uncover evidence that can be used to deny a workers’ compensation claim . In this blog, we explain the many ways your social media accounts can end up hurting your workers’ compensation claim. When you file your claim for workers’ compensation, the ...
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  • Important Things to Know Before Settling Your Workers’ Comp Claim in California

    Most workers’ compensation cases in California are settled outside of court. There are several benefits to settling your case. For one, your claim will be resolved more quickly. You also won’t have to deal with the hassle of an evidentiary hearing. However, settling your case means you have to be willing to make compromises about the amount of benefits you will receive. In this blog, we talk about ...
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  • 7 Common Workplace Injuries

    Workplace accidents can occur at any time, even when workers are cautious and take necessary measures to make the work environment safer. Below, we discuss the most common injuries in workplaces across the country. #1: Sprains, Strains, & Tears: According to the Bureau of Labor Statistics , 6.9 out of 10,000 workplace-related injuries were caused by sprains, strains, and tears. Many of these ...
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  • Workers’ Comp Claims: Toxic Exposure

    If you are employed in an industry that requires you to work with toxic material, and you are exposed to harmful chemicals during the course of your work, you can file a workers’ compensation claim to recover financial benefits. In this blog, we explain what you need to know about toxic exposure workers’ compensation claims . Types of Toxic Exposure There are numerus toxic chemicals you might ...
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  • What Are My Rights as an Injured Worker?

    Your employer has a legal obligation to provide you with a work environment that is reasonably safe and healthy. If your employer fails to meet this duty and you end up suffering a serious injury at work, you can qualify for workers’ compensation benefits to help cover your medical expenses and lost wages. In this blog, we explain your rights as an injured worker in San Jose. How Do I Protect My ...
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  • What Is Light-Duty Work?

    As workers’ compensation attorneys, we are frequently asked questions about light-duty work restrictions and what happens when an injured worker must return to their job. Below, we explain what you need to know about light-duty work restrictions. Do Employers Have to Offer Light-Duty Work? Employers are not legally obligated to offer an injured employee light-duty work while they are recovering. ...
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  • Can I Get Workers’ Comp for a Bathroom Injury?

    As workers’ compensation lawyers , we constantly receive questions from clients about various workplace injuries that they have suffered. One question we sometimes get is whether or not workers are eligible for compensation if they are injured while using the restroom at work. We explain the answer to this question below. Bathroom Injuries at Work Kellie Farricker worked for Bravo Brio Restaurant ...
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  • Workers' Comp Drug Costs Decrease

    According to CompPharma’s 15th Annual Survey of Prescription Drug Management in Workers’ Compensation , pharmacy costs associated with workers’ compensation benefits have decreased by $1.1 billion during the past 8 years. Joe Paduda, president of CompPharma, LLC, said, “Pharmacy is no longer the fastest-growing segment of work comp medical expenses. Work comp payers, regulators and PBMs have been ...
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  • 3 Reasons Why Employers Wrongly Deny Workers’ Comp Claims

    Although many employers are understanding when an employee decides to file for workers’ compensation, other employers take this decision personally. A good employer will see the situation from a position of trust, knowing that if their workers are treated well, they won’t be tempted to file a false claim for benefits. On the other hand, an unethical employer will go to great lengths to deny a ...
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  • FAQ: Workers’ Compensation

    At the Law Offices of Andrew B. Shin, our skilled legal team focusses on helping workers across San Jose assert their labor rights. With more than 25 years of experience, we have taken on all sorts of employers, from small businesses to giant corporations. In our time fighting for workers’ rights, we have been asked countless questions about workers’ compensation law . In this blog, we answer the ...
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  • Can I Sue My Employer & File for Workers’ Comp?

    If you get injured at work, you can recover compensation from your employer through workers’ compensation benefits . Employees in every state are covered under both federal and state workers’ compensation laws. However, other than the exceptions we talk about below, you likely won’t be able to file a regular lawsuit for damages from your workplace injury or illness. In this blog, we explain how ...
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  • Future Medical Treatment & Workers' Compensation

    Future medical benefits is an injured worker's right to receive ongoing medical treatment after a workers' compensation injury claim has been approved. Employees who have been injured due to a work-related accident are entitled to receive on-going medical treatment as long as needed or until they reach their maximum medical improvement. Because treatment for a long-term injury is expensive, future ...
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  • Can I Get Permanent Disability Benefits After I Filed My Workers' Comp Claim?

    If your work related injury or illness leaves you with a long lasting medical issue, you might be eligible to obtain permanent disability benefits through workers’ comp . Before you can get these benefits, you will need to have medical proof of your injury or illness to show that your condition isn’t likely to change. You will also need to demonstrate that your injury or illness is keeping you ...
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  • What You Need to Know Before You Settle Your Workers’ Comp Case

    Insurance companies often offer injured workers a lump sum settlement for their workers’ comp claim . But before you take such an offer, it is important to think carefully about whether or not it’s the right move to make. In this blog, we explain how to decide if you should accept a lump sum settlement offer. Does It Make Sense to Settle? Insurers want to settle your claim with a lump sum because ...
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