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Worker’s Compensation Claims During COVID-19

The current pandemic has left many employees in ambiguous situations. While some essential workers are still required to report to their physical place of work, others have taken up working at home to still meet their deadlines and bring in income. After all, many Californians have been ordered by recent laws to shelter in place to avoid spreading COVID-19.

At first glance, many businesses might think they will have to handle fewer workers’ compensation claims because fewer individuals are physically reporting to the office. Many employees might also believe they can no longer file claims for the same reason. In fact, the potential for a decrease in claims influenced the decision of Insurance Commissioner Ricardo Lara’s Order of April 13, 2020. The Order requires insurers to refund certain business and individual premiums.

But will there be a decrease in claims, and what can you, as an individual do if you experience a work-related injury at home?

Read on to find out.

The Current Legal Standard

Throughout the majority of the state of California, an employee must suffer an injury or disease that causes disability or creates the need for medical treatment while at work or while completing tasks for work. The employee does not need to prove their employer was negligent. Injuries or diseases could be caused by single incidents or from long term exposure or repetitive traumatic injury. Usually, a non-occupational disease is not compensable – such as a cold or flu. It is also important to note injuries at work may not be compensable if the employee is intoxicated, self-inflicted the trauma, engaged in a physical altercation, sustained the injuries during a felony, or were participating in a voluntary off-duty activity like an office football match.

Continue reading “Worker’s Compensation Claims During COVID-19”

Workers Compensation in California

Workers Compensation in California

If you’ve been hurt on the job, it’s important to understand your rights. These rights can vary from state to state, so California law is what matters here. In the State of California, the workers compensation system works on a no-fault basis.

This system is designed to benefit both workers and employers. Instead of having to take your employer to court to prove that your injury was their fault, you only need to prove that you were hurt on the job. So, what are you entitled to? Let’s take a closer look.

What You’re Entitled to Under Workers Compensation

California workers are covered for all medical treatments related to workplace-related injuries. In addition to medical treatment, workers are also covered for the cost of any evaluations. Prescription drugs, transportation, and even medical aid devices like wheelchairs are also covered.

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Work Injury

Injured on the job? Don’t worry about being unable to pay your medical bills just yet – you have options! Chances are your employer has workers’ compensation insurance, as it’s a state-mandated program that provides benefits to people just like you. This being said, some workplaces are less than cooperative when it comes to ensuring their employees get the coverage they deserve. Top workers’ compensation attorneys can guarantee that your case wins if and when it goes to court.

What is Workers’ Compensation?

In a nutshell, workers’ compensation is an insurance program that most places of employment are required to have in the event that one of their employees is injured either on the job or as a result of actions taken during their job’s duties. This way, employees don’t have to pay for their medical expenses out of their own pockets. They can rely on insurance coverage to handle these burdens while they recover.

When Does Workers’ Compensation Apply?

In California and beyond, workers’ compensation insurance applies whenever:

  • injuries sustained by an individual are a direct result of duties on the job
  • injuries are sustained away from work but when dealing with work-related issues
  • injuries that appear while not at work but which were obtained as a direct result of work-related stresses or activities

This is a pretty broad umbrella, but it’s great news for you since it means that your work-related health issues likely fall under workers’ compensation insurance coverage.

What Are Some Examples?

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Disability-accommodation

“The Americans with Disabilities Act (ADA) is federal law that protects disabled employees from being discriminated against in the workplace. Consistent with the ADA, employees with disabil0126ities are permitted under California disability discrimination law to request reasonable accommodations from their employers in order to help them perform their job duties.”

In California, employers are legally bound to provide a disabled employee reasonable accommodations. One stipulation- the cost of this accommodation can not be deemed an undue hardship to the employer.

3 Common Requests workers with disabilities can legally make   Continue reading “Employees with Disabilities- 3 Common Accepted Employer Accommodations”

Odometer

As part of a California Workers Compensation, your travel mileage for medical appointments, prescriptions, and depositions qualify for reimbursement.

But do not forget- to be paid, you must keep detailed records of how many miles you traveled on these trips. Attaching a Google map or MapQuest printout of your mileage, is always a good idea.

In addition to mileage, you also can receive reasonable expenses of transportation, meals and lodging when traveling to medical appointments under LC 4600(e)(1) and (e)(2).

 Your Doctor’s Visits

If you travel to a doctor’s office that is located a significant distance from your home, you also can receive reimbursement for meals.  These meals must be reasonable. If a doctor indicates you cannot travel the required distance to your appointment and need a driver, you may get meals reimbursed for your driver.  You will need to have a clearly written document from the doctor indicating a driver is needed and the reason a driver is needed. Otherwise, only your meals will be reimbursed.

In some instances overnight lodging may be merited. This usually occurs if the doctor’s office is some distance from your home and the appointment is scheduled early in the morning or late in the afternoon.  

The Workers Comp experts at KJT LAW GROUP understand the intricacies of medical travel and can assist you in qualifying for reimbursement. We understand what the law is as well as what you will need to prove it. .

CONTACT A WORKERS COMP ATTORNEY, CONTACT KJT LAW GROUP

Let the professionals at KJT LAW GROUP help. If you have any questions regarding Workers Comp in California, we specialize in protecting workers when ill or injured on the job. Because we understand the complexities associated with Workers Comp, we can improve the chances of you receiving your rightful compensation. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Cumulative Trauma Injuries

Under California Workers’ Compensation law, cumulative injuries qualify for workers’ compensation benefits even if they occur over a period of time rather than in one incident.  

Basically there are two types of workplace injuries. One is a workplace injury which is generally referred to as a specific injury and the second one is cumulative trauma.

What are Cumulative Trauma Injuries?

Continue reading “Understanding Cumulative Trauma Injuries: California Workers Comp Explained”

Construction Site Accident

The construction industry is one of the most dangerous industries in the United States. Each
year, many thousands of individuals are injured and even killed in construction site accidents. Too many serious injuries are caused by a fall or dropped objects. It is also common for workers to trip over a piece of lumber that is left in an unsafe place. Some of the injuries that occur on construction sites
can result in:

  • Broken and fractured bones
  • Head injuries
  • Spinal cord injuries
  • Electrocution
  • Burn injuries
  • Wrongful death

Continue reading “A Construction Site Accident is No Laughing Matter”

Work Injury

If you are injured or ill on the job, Workers Comp insurance covers medical expenses and a portion of lost wages. Even though the State of California requires employers to carry Workers’ Compensation coverage, not every worker is covered. Here are some examples of those not covered by Workers Comp.

Business Owners and Volunteers

Business owners, from sole proprietors to partners are not covered by their company’s workers’ compensation insurance. Some business owners may elect to receive WP if they pay the premium. As for volunteers, they are not generally considered employees, so they are not eligible for WP. There are some exceptions like- volunteer police officers and firefighters who are requested by a firefighter or police officer to assist in an emergency.

Continue reading “Who Is NOT Covered by Workers Compensation Insurance?”

Injury

So many people ask us, am I entitled to compensation for my injuries? Here are 3 questions to answer that will help you figure out your personal situation-

  • Did you suffer a personal injury or was it just property damage?
  • Were your injuries caused by another person or entity negligence?
  • Do you have recoverable damages?

Let’s dig deeper.

Continue reading “Are you entitled to receive financial compensation for your injuries?”

Temporary or Permanent Disability

If you have been injured on the job, money and lost wages are issues that can not be ignored.  In California, there are systems in place to provide funds for injury recovery and supplement lost income. The type of disability you are eligible for will determine what type of disability benefits you will receive.

Through California Workers Compensation Law, you have the right to file a claim through your employer. If your claim is awarded, you can receive a certain amount of financial support, depending on the severity of your injuries. Within a workers comp claim, you will get labeled with certain terms as you progress through the required assessments and exams. Those assessments will determine if you are temporarily or permanently disabled.

Continue reading “Workers Comp: Is your Injury a Permanent or Temporary Disability”

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