Redding Workers’ Compensation Law Blog

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....

If you suffer an injury on the job, especially if it is not a necessarily serious injury, you may be wondering if you should report it to your employer. Many employees choose not to report workplace injuries because they fear they may lose their job or experience other forms of retaliation by their employer. The bottom line, however, is that it is critical that you report your workplace injury in California as soon as it happens, or as soon as you become aware of the injury. Waiting to report or deciding not to report can have serious consequences for you, your health and your finances as time goes on. Time Limits And Eligibility For Benefits You may feel that your...

Many employers are understanding and responsive when it comes to workers’ compensation claims. They approach the matter from a position of trust, knowing that if they treat their employees well, their employees have less incentive to try to file a false claim. However, there are some employers, even those that appear ethical, who deny workers’ compensation claims for dubious or outright wrong reasons. Here are a top few. Your Claims Cannot Be Verified A claim such as carpal tunnel syndrome or even back pain might not arise from a single obvious triggering incident. Rather, these conditions could have built over time and even led to chronic pain, which is a complicated issue to prove in itself. So, an employer might say something...

As an employee in the Redding area, you may be under the impression that you cannot receive workers’ compensation benefits unless a workplace accident caused your injuries. It is true that injuries that occur on the job are usually compensable with workers’ comp benefits. However, if you suffer certain health conditions, fall ill or incur injuries while on the job, you may also qualify. Here is a brief overview of workers’ compensation benefits and nonaccidental workplace injuries. Some Ailments And Injuries Can Qualify For Workers’ Compensation Some injuries and illness can occur from repeated exposure to certain work conditions. For example, if you work in a high-stress environment, there is the possibility of you developing chronic heart problems, insomnia or digestive disorders,...

When you suffer an injury on the job, the first thing on your mind after seeking medical attention is obtaining financial compensation to pay for the medical bills and lost wages. You may be in such a hurry to receive the money that you forgo hiring a lawyer out of fear that doing so will make the claim take longer. However, the opposite is usually true. Not having an attorney help you generally leads to a delay in benefits. The following are even more reasons to hire a lawyer when filing a workers’ compensation claim. Complete The Process Correctly It is a fact that anything involving the government is complex and confusing. Although you can find information and paperwork online, there...

Workers’ compensation is an important benefit that should protect employees and ensure they receive the treatment they need after an injury. Unfortunately, this ideal is not always the reality when workers go to file a claim. According to the United State Department of Labor, in fact, as many as 46 percent of applications end in a denial upon first submission in the state of California. This is a startling statistic, but the thought of giving up after a denial is even more startling. Fortunately, there is an appeals process in place that allows injured workers to continue seeking compensation. There are a few steps you should take in order to continue pursuing your case. Consider Your Legal Options If you were denied...

Workplace injuries take a toll on every worker affected by them, but not all injuries are equally serious in the long term, and not all are equally visible. One injury that is more common than many employers and workers realize is traumatic brain injury. TBI has a profound effect on workers even when physical recovery seems to happen quickly, so it is important that those who are injured on the job have the right benefits and support to recover as fully as possible. Facts About On-The-Job Brain Injuries Each year, there are about 1.7 million traumatic brain injuries in the United States, but not all of them happen on the job. A healthy portion happen during recreational activities like sports,...

In every field or profession, there is a chance that you can be injured on the job. Sometimes these injuries are basic and easily treated while others can put you in the hospital and completely change the course of your life. Most companies use workers’ compensation insurance to help cover the financial costs when an employee is injured on the job, but it’s important that the employee understands the basics of how the process works. Can I Avoid Getting Hurt While Working? In California, all employers must have an illness and injury prevention program that includes workplace inspections, worker training and specific procedures for dealing with unsafe conditions quickly and promptly. All unsafe conditions should be reported quickly to your...

Even if you’ve been injured on the job, you might hesitate to file for workers’ compensation. You might worry about how filing for workers’ comp could affect your job. Will your employer be upset and take it out on you? Could your employer decide to fire you if you make a claim? You don’t need to worry: this kind of behavior is illegal under California labor law. According to the California Labor Code, employers are prohibited from discriminating against workers who are hurt on the job. This means that if you file for workers’ comp – or make it known that you intend to file for workers’ comp – it is illegal for your employer to do any of the...

Maybe you were injured in a workplace accident. Maybe you were exposed to toxic chemicals on the job. Maybe your condition is a result of repetitive stress. In any of these situations, you may qualify for workers’ compensation benefits. However, the first step to getting the help you need is understanding how the system works – and how it doesn’t. Here are five common myths about workers’ compensation benefits in California: Myth #1: You Don’t Get Enough To Make Filing A Claim Worthwhile. On the contrary, workers’ compensation can provide a wide array of benefits. According to California’s Department of Industrial Relations, these benefits include medical care, paychecks to help cover temporary or permanent disability, supplemental job displacement benefits to help...

As a nursing assistant, you do a lot of very demanding work for patients. This includes tasks like lifting them in and out of bed and helping them in the bathroom. Getting injured on the job is the last thing you want. But physically caring directly for patients – especially the task of lifting them – is dangerous work. Indeed, if you are reading this, you may have already experienced an injury firsthand and be in need of workers’ compensation. In this post, we will address three common questions. Does Job Title Matter When Applying For Workers’ Comp? No. Certified nursing assistants (CNAs) are also called nurses aids or nurse’s assistants. And your employer may call your position by various...