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...
The mining industry faces a high risk for fires every day, so mine owners in California need to make sure they are doing all they can to keep workers safe. It starts with proper ventilation and atmospheric monitoring, and fortunately, new technology can help in the efforts. For example, ventilation on demand, rather than sending clean air to unoccupied areas of the mine, will ventilate those places where sensors detect machinery and people to be present. Heavy machinery inevitably produces dust and potentially toxic fumes, so this is essential. When it comes to monitoring, employers could turn to certain devices offered by Carroll Technologies, the nationally recognized maker of mining safety equipment. Its PBE Belt Boss series of monitors can check...
Medical bills and missing work are ingredients for disaster, so you want all the help you can get from workers’ compensation. The insurance company might not want to hear what you and your doctor have to say, but a third party could step in and set things straight. Workers’ compensation provided over $608 million to California workers last year. That money goes out to thousands of workers who need help covering costs after a workplace accident. But getting the money you need isn’t guaranteed when you apply, and the insurance company may need some convincing. This is where a qualified medical examiner (QME) may come into play, in the right situations. Second Opinions There are a few scenarios which could put you...
If you are an independent contractor, you are not eligible to receive workers’ compensation benefits in the state of California. However, some employers misclassify employees as independent contractors. Has this happened to you? A Misclassification Crackdown The U.S. Department of Labor works with the IRS and state workforce agencies to uncover employee misclassification practices. The IRS, for example, has a Questionable Employment Tax Program through which they identify schemes that involve misclassifying employees as independent contractors so employers can avoid paying the appropriate taxes. The misclassified employees are not eligible to receive such benefits as overtime pay or pay for meals or breaks. If injured on the job, they do not qualify for workers’ compensation benefits. Targeted Industries Incidents of misclassification cost California...
When you experience an injury or develop an illness as a result of your work environment, you may be able to secure workers’ compensation benefits through your employer to help you get by while you cannot work. You may be able to obtain workers’ compensation benefits for any number of different reasons. While, in some cases, you may pursue them after specific, one-time injuries, in others, you may need them because of injuries or illnesses that develop over time. Just what types of benefits might you be able to secure in the wake of an on-the-job accident or after developing an illness caused by work-related circumstances? Payments For Medical Expenses Your employer may have to pay for expenses relating to your treatment...
Working in a retail store may not seem very dangerous. In fact, you may view it as harmless or mundane. But there are numerous hazards in retail stores that can injure you. If you suffer an injury from a workplace accident, you may need to take time off work and deal with costly medical bills. Thankfully, you can pursue a workers’ compensation claim to cover these costs. But it is ideal to not get hurt in the first place. Unfortunately, you cannot prevent every type of accident. But you can take a few steps to make your job safer. Watch Out For Slip, Trip And Fall Hazards Here are some common causes of slip, trip and fall accidents: Slippery floors from spills...
After suffering an injury at work in California, you need to begin the claims process as soon as possible. There is no time to waste. Your employer should provide you with a claim form within one day of learning about your injury, and you need to fill it out posthaste. Workers’ compensation claims frequently receive denials. One common explanation for why this occurs is that the employee failed to meet a deadline for a vital piece of paperwork. You can still get coverage by appealing the decision, but everything becomes delayed. Here are important deadlines you should not miss as you go through the workers’ compensation process. When To Notify Your Boss You need to notify your employer of the injury as soon...
Like most residents of Redding, you work hard to provide for your family. Whether you love your job or merely tolerate it, you should not have to worry about sustaining a serious injury at work. Still, your employer may require you to perform the sort of repetitive tasks that can cause long-term harm. When you are at work, you always comply with safety procedures. Even with your best efforts, though, you may develop a repetitive stress injury. To ensure you can continue to work, you may need to exercise your legal right to pursue compensation for injuries sustained on the job. You should know, however, that not all injuries involve broken bones or bloody wounds. Identifying Repetitive Stress Injuries Repetitive stress injuries occur...
With an increasing number of employees around the country sitting at a desk for hours on end at work, many people have begun to develop carpal tunnel syndrome. Carpal tunnel occurs when the tunnel in the wrist becomes too narrow, which puts an immense amount of pressure on the median nerve. It can result in a great deal of discomfort as well as weakness, tingling and numbness. Workers’ compensation most often applies to significant injuries that take place at work, such as slip and falls. However, workers’ comp can sometimes apply to instances of carpal tunnel. The employee will need to provide evidence that his or her duties directly correlate to the condition because in some cases, carpal tunnel is a genetic issue....
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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.