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...
Most workers who get hurt on the job will have minimal need for workers’ compensation. In a lot of cases, the benefits someone can secure through California workers’ compensation after a workplace injury may only need to cover basic medical care immediately after the incident and possibly the loss of wages for a few days or a couple of weeks. In rare, more severe, cases, an individual who gets hurt on the job might wind up with a permanent disability. In fact, even injuries that people sometimes think of as minor or at least easy to recover from, like broken bones, can result in a permanent disability that leaves someone unable to return to work and possibly reduces their quality...
Between 1992 and 2017, the number of U.S. workers 55 and older has more than doubled. Yet in that same time period, the number of fatal occupational injuries among these workers rose 56%. California residents should know that this was in spite of a 17% decline in overall fatal occupational injuries. This was only the first of the many findings that the Bureau of Labor Statistics released in January 2020 in the Monthly Labor Review. The BLS found that workers 65 and older were especially dying on the job more frequently. The fatality rates were as follows: 3.4 per 100,000 full-time equivalent workers overall, 4.6 per 100,000 FTE workers for those aged 55 to 64 and 10.3 per 100,000 FTE workers for...
California employees who frequently work around machinery probably know something about pinch points. These are any points where workers or one of their extremities are liable to get caught. They include areas between two moving parts, between a moving and a stationary part of the machine and between a part of the machine and some material. Metal workers may encounter pinch points in power presses and other metal-forming machines. Construction and warehouse workers run a high risk for injury as well. Pinch points can be found in conveyors, printing presses, assembling machines, powered rollers and power transmission equipment. Powered covers and hatches also come with pinch points. Employers who use robotic machines should know that even these pose a safety hazard. To...
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...
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* Making a false or fraudulent workers' compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.
