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Workers' Compensation Archives

What are the rights of injured California workers?

Most California workers find comfort in knowing that they will be entitled to financial relief in the event of workplace injuries. However, many have questions about which injuries are covered and to which benefits they will be entitled. The state-regulated workers' compensation system is a no-fault program that pays benefits when applicable, regardless of who was at fault.

You rights to workers' compensation benefits

Most California workers find comfort in knowing that their medical expenses and lost wages will be covered by insurance if they suffer work-related injuries. However, gaining knowledge about the types of injuries and illnesses covered by the state-regulated workers' compensation program can be beneficial. The claims procedure could be complicated, and knowing that help is available can produce peace of mind.

Are virus infections covered by workers' compensation?

Each year, thousands of workers in California fall victim to any of the flu viruses that happen to be around. According to a spokesperson for the California Workers' Compensation Institute, no diseases or categories of illnesses are excluded from compensation. However, whether workers become ill from common flu viruses or some new virus strain that becomes a pandemic, proving it to be work-related could be difficult.

How does workers' compensation treat pre-existing injury

When California workers are involved in workplace accidents that caused significant aggravation to pre-existing injuries, they might be eligible for compensation. However, not all injuries qualify as pre-existing. Only injuries or illnesses that are linked to events or exposure that are not work-related will be regarded as pre-existing conditions. Furthermore, other requirements must also be met before a workers' compensation benefits claim will be valid.

Prevent falls, a leading killer of older Americans

Falls are the leading cause of accidental death among older Americans. In fact, one in four people over age 65 suffer a fall each year. With an aging baby boomer population, trips to the emergency room for slip-and-fall accidents are becoming increasingly common.

Can I get workers' compensation for repetitive stress injuries?

Worker's compensation is not just for sudden accidents such as falls. Sometimes work-related injuries happen over time, even when you are doing your job correctly. A repetitive stress injury (RSI) may sneak up on you and cause a lot of pain.

Tesla accused of interfering with workers' compensation claims

Most employers in California are required by law to provide you with workers' compensation benefits if you suffer a work-related injury or illness that puts you out of work. But what if the company does everything it can to avoid its responsibilities in the name of saving money?

Safety plans can limit construction workers accidents

Construction company owners in California are typically responsible for the health and safety of hundreds of workers with a wide range of competency and training levels. Along with compliance with prescribed safety standards, the only way to limit construction workers accidents is by drafting a site-specific safety plan to outline potential safety risks and the manners in which they will be managed. Each project is unique, and hazard assessments are crucial before work commences.

Workers' compensation, wage disputes subject to different tests

Some months ago, a decision by the California Supreme court had the labor community sit up and take note. The plaintiff accused a transportation company of wage and hour violations stemming from his service of driving his own truck for the defendant and his classifications as an independent contractor. The court based its ultimate decision on the Dynamex ABC test rather than the Borello Test, which is a multifactor test used to determine employment status for workers' compensation purposes and all matters unrelated to wage orders.

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Law Offices of Anthony Choe
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Phone: 213-986-8498
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