Category Archives: Workers’ Compensation
The Workers’ Compensation System Is Broke-Still!
I should probably apologize for discussing an issue that I had discussed in a previous BLOG – but I won’t. It’s time for me to vent again. The vast majority of the time an injured worker has to choose his/her primary treating physician form a medical Provider Network (MPN) provided by the defendant employer… Read More »
BELIEVE IT OR NOT – THEY ARE COVERED
First of all, an employment relationship must exist at the time of injury for an injured worker to obtain benefits (including disability payments and medical care) under the Workers’ Compensation Act. Furthermore, the liability for benefits arises when the injury sustained arises out of an during the course of employment, Assuming the existence of… Read More »
PENALTIES AGAINST EMPLOYERS WHO FAIL TO SECURE INSURANCE
In this State, an employer, who does not meet it’s Workers’ Compensation obligation to obtain insurance, or permissible self-insured (as it is called) is deemed to be illegally uninsured and, is likewise “willfully uninsured”. As a result, these willfully uninsured employers will be subject to possible penalties under the Labor Code. These penalties include:… Read More »
GOOD ADVICE FOR INJURED WORKERS
If you can go back to work – do it… provided that, you do not exceed your doctor’s work restrictions resulting in further injury to you self. If your employer offers your modified duty or an alternative job – try it. If said job is within the work restrictions provided by your doctors, even… Read More »
Vocational Rehabilitation As It Once Was – No Longer Exists
For several years, vocational rehabilitation was considered to be one of the most important benefits within the California Workers Compensation system. The idea was that if an injured worker was unable to return to their usual and customary occupation, they could obtain vocational rehabilitation services to assist them in returning to the labor market…. Read More »
VOLUNTEER: ARE YOU ENTITLED TO WORKERS’ COMPENSATION?
Typically, and unfortunately, volunteers are not covered for Workers’ Compensation benefits when they sustain on injury while volunteering. Volunteers are individuals who perform services for other individuals or companies which are not based upon contract for hire and who do not expect some form of compensation for those services. Some Volunteers Specifically Excluded Under… Read More »
FURTHER IMPORTANT PRESUMPTION COMPENSABILITY
As a follow-up to our previous Specific Presumption of Injury blog, here are additional circumstances that result in a presumption of industrial injury for the conditions set out herein below: (a) PNEUMONIA Certain members of fire departments, including the Department of Forestry and Fire Protection, whose duties require firefighting (L.C. 3212); Officers of the… Read More »
HAVE YOU LOOKED AT THIRD PARTY LIABILITY?
Although an injured employee who sustains an industrial injury while in the course and scope of their employment may recover Worker’s compensation benefits from their employer without regard to fault/negligence of either party, there may be circumstances where that employee was injured by the fault/negligence of a “third party”. In such circumstances, the employee… Read More »
SPECIFIC PRESUMPTION OF INJURY IN CALIFORNIA
As a reminder and follow-up to my last blog post, due to the risk of injury and risk to their health, certain employees of public or government agencies are provided “presumptions” that their injury is job-related. The result of such is that if a certain injury or condition develops or manifests itself during the… Read More »
Does Workers’ Comp Pay for Pain and Suffering in California?
You got injured or sick as a direct result of your job. While you’re aware that workers’ comp will come in handy, you aren’t sure whether or not your pain and suffering as a result of the injury or illness will be covered. Now, you’re wondering “Does workers’ comp pay for pain and suffering… Read More »
