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Workers' Compensation Archives

California company fined after deadly trench accident

People can appreciate that construction work can be dangerous. However, that makes it all the more important for employers in the construction industry not to cut corners, especially when it comes to worker safety. Should they fail to follow applicable safety rules, it could lead to disaster.

California sees uptick in cumulative trauma claims

When a person thinks of workplace injuries, they may picture a worker suffering an injury based on a one-time incident, such as straining to lift something heavy or falling off a ladder. However, some injuries build up over time simply by performing normal workplace duties. Known as cumulative trauma injuries, these injuries are increasingly giving rise to workers' compensation claims.

California has a variety of workers' compensation benefits

While some occupations are inherently more dangerous than others, the fact of the matter is that just about anyone in California can be injured or made ill in the course of performing their job duties. When this happens, they may be unable to work for a period of time. In serious cases, a person might be permanently injured. Being unable to work can cause additional stress during what is already a difficult time. Fortunately, there are several types of workers' compensation benefits Californians can pursue, in order to help cope with the expenses related to their illness or injury.

What are the "Fatal Four" causes of construction worker deaths?

When a person in California thinks of the type of job that poses a risk to one's life, they may naturally think of jobs in the construction industry, and they would be right. Of the over 4,600 fatal workplace accidents in 2016, approximately 21 percent were in the construction industry. There were four major causes of death that were responsible for over 63 percent of fatal workplace accidents in the construction industry in 2016. The U.S. Occupational Safety and Health Administration has coined the term the "Fatal Four" to describe these causes of death.

Can one appeal a denial of workers' compensation benefits?

Workers' compensation benefits can be a crucial financial lifeline for workers in California who are injured on-the-job, and cannot return to work due to their injuries. When a worker wants to pursue workers' compensation benefits, they will file a claim. Unfortunately, sometimes, a person's claim for workers' compensation benefits is denied. But, that denial can be challenged.

FAILURE TO REPORT A WORK INJURY CAN LEAD TO PROBLEMS

James Butler 2015_9319.jpgPractically no one expects to get hurt at work; the perception is that is what happens to other people. But, you may find someday that it happens to you. If you are injured at work there are some things you need to understand. First, work place injuries can happen in two ways under California law. First, an injury can be termed "specific" in nature; for example, when a person is injured falling off of a ladder that is a specific injury. Alternatively, an injury may develop over time; such an injury is referred to as a cumulative trauma injury. For example, a beverage delivery truck driver who moves heavy kegs over and over for a long period of time might develop cumulative trauma to his/her low back or some other body part from the repeated heavy lifting. Often, such claims reveal themselves through chronic pain which does not stem from a particular injury event.

Insurance Carriers Add Costs to the Workers' Compensation System Again

CV.jpgWe have previously reported on the myriad ways in which workers' compensation carriers' procedures add costs to the system and thereby drive up insurance rates. Here is yet another example.

Several Changes to California Workers' Compensation Laws for 2016

California laws require employers carry workers compensation insurance and/or to be permissibly self-insured. Generally, following a workplace injury, workers are entitled to receive compensation benefits without having to show fault on the part of their employer and regardless of their own fault. The types of benefits to which an injured worker may be entitled include medical treatment, temporary and permanent disability benefits, and a job displacement voucher. In the event that a death occurs, the family members of a deceased worker may be able to recover certain costs, such as funeral expenses and a death benefit.  

Workers' Compensation Carriers Continue to Inject Unnecessary Costs Into the System

California workers' compensation carriers' policies routinely lead to the knee jerk denial and delay or care prescribed by physicians from within their own network or doctors. The result? Unnecessary costs are added to the system and injured workers don't get the care they need.

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