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Workers' Comp

Recent Posts in Workers' Comp Category

  • California Senate Passes a COVID-19 Workers’ Comp Bill

    The California Senate passed S.B. 1159 , a bill that will provide essential workers who contract COVID-19 with full hospital, surgical, medical, disability, and indemnity benefits. To qualify, workers must have been positive diagnosed with COVID-19 and worked at their workplace within 14 days of their diagnosis. The bill was introduced by Senator Jerry Hill and passed in a 28-11. However, the ...
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  • Common Reasons Employers Use to 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 can 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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  • COVID-19 Safety Tips for the Workplace

    With coronavirus case numbers reaching all-time highs in many U.S. states this week, including in California, now may be a good time to reevaluate preventative safety measures—especially as businesses continue to reopen and people return to their normal routines. If you are heading back to work soon, or already have, you may be concerned about the well-being of yourself, your customers, and ...
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  • The Top 5 Industries for Workplace Injuries in California

    Some jobs are certainly more dangerous than others. Construction work is a higher-risk position than most office jobs (although it would be misguided to think that desk workers can’t be hurt on the job). Yet, the jobs that produce the most work-related accidents in our state may surprise you. Here are the top five industries for workplace injuries in California. Healthcare Working in a job that ...
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  • Protecting California’s Farmworkers

    More than a third of the vegetables and two-thirds of fruits and nuts in the United States are grown in California, according to AP News . The California farmworkers who harvest our food work hard, but they do not always have access to the benefits they are entitled to by law. While farmworkers have some benefits on paper, between 60 and 75% of them are undocumented , and many of them are afraid ...
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  • Reminder: Undocumented Workers Are Eligible for Workers’ Comp

    On March 12, 2020, California Governor Gavin Newsom issued an executive order in response to the COVID-19 pandemic. The order specifies that workers who are exposed to and contract COVID-19 “ during the regular course of their work ” are eligible for workers’ compensation. California Insurance Commissioner Ricardo Lara followed up with a reminder that workers’ compensation benefits apply to all ...
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  • When is a Disease Considered an “Occupational Illness”?

    Workers’ compensation benefits are available to employees who sustain injuries at work. In addition to covering the expenses associated with severe physical injuries, benefits are also available to employees who are diagnosed with an occupational illness. Diseases that are considered as occupational illnesses vary, and determining if a sick employee is entitled to workers’ compensation benefits ...
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  • Can I Get Workers’ Compensation if I Work from Home?

    Employees in most industries can rely on the workers’ compensation system to provide financial resources in the event that they are injured on the job. But what if an injury does not occur “on the job” in the traditional sense? If you work remotely, you may be curious about your rights under the workers’ compensation system. Your ability to recover workers’ compensation benefits will depend on the ...
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  • Are Massages Covered by Workers’ Comp?

    Massage therapy is widely recognized as a helpful rehabilitative treatment for many injuries. As such, getting a massage could be covered by your workers’ comp policy if you get hurt at work. The benefits of massage include: Stress relief Pain reduction Improved circulation Reduced swelling Better sleep And more Massages can also help promote healing after soft tissue strains or injuries in the ...
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  • What Are the 10 Most Dangerous Jobs?

    Workplace fatalities are increasing . In 2018, a total of 5,250 people died at the workplace, representing a slight statistical rise from 2017. Many employees died in transportation accidents, and others lost their lives to incidents involving dangerous equipment. This data from CNBC and the Bureau of Labor Statistics (BLS) allows us to determine the 10 most dangerous jobs in America. Keep reading ...
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  • What Is Silicosis?

    Silicosis is a lung disease caused by crystalline silica exposure. Breathing in silica particles causes scar tissue to form in the lungs in a process known as fibrosis. This scar tissue reduces the lungs’ ability to extract oxygen from the air and weakens the oxygen/carbon dioxide exchange that occurs during regular breathing. Inhaling crystalline silica is also linked to elevated rates of lung ...
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  • Audit Reveals Fatal Flaw in California’s Division of Workers’ Compensation

    Californians who injure themselves on the job may find themselves waiting months or even years to receive the benefits they are entitled to by law. Employer-approved medical evaluations are increasingly hard to come by, at least according to California’s first-ever audit of its Division of Workers’ Compensation. What’s the Problem? Per coverage by the Desert Sun , the state of California is ...
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  • Does Workers’ Comp Apply to Independent Contractors?

    In California, all employees must be covered under their employer’s workers’ compensation insurance. Independent contractors, however, are not covered by this insurance, nor are employers required to purchase coverage for any independent contractors they do business with. Unfortunately, many employers misclassify their employees as independent contractors to avoid paying for the appropriate ...
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  • Working After Your Injury

    Not every workers’ comp claim requires you to take time off of work. Sometimes, you can receive treatment on the day of your injury and be back at work the very next day. Other times, your duties at work may be adjusted to accommodate your recovery. No matter what you’re dealing with, our guide should be able to help. Let’s get started! Who Decides Whether or Not I Stay at Work? When you sustain ...
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  • SB-542 Gives Firefighters and Peace Officers PTSD Presumption

    Firefighters are four times more likely to die from suicide than any other work-related death. This is just one fact touted by SB-542, Stern. Workers’ Compensation , which exists to help members of fire service and law enforcement pursue treatment for post-traumatic stress disorder (PTSD). The bill was signed into law by Governor Gavin Newsom on Tuesday, October 1, and specifically addresses PTSD ...
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  • Can I Receive Workers’ Comp Benefits in CA for Work-Related Stress?

    Whether you are working long hours each week or meeting important deadlines, stress is sometimes part of the job. However, ongoing stress and anxiety on the job can lead to severe psychiatric issues. But are stressed-out employees eligible for workers’ compensation benefits in California? Although state workers’ comp law doesn’t address stress-related leave, it is possible to receive benefits if ...
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  • Can I Take a Long Trip While Under Workers’ Compensation?

    There are plenty of opportunities throughout the year—depending on your work schedule—to take a trip with friends, family, or on your own. Everyone who works deserves a vacation—even employees who have been injured by a workplace accident. There is no federal law that says employees who have filed a workers’ compensation claim are not allowed to take a vacation while receiving benefits. However, ...
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  • 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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