Understanding Permanent Disabilities Under California’s Workers’ Compensation System

Permanent Disabilities Under California’s Workers’ Compensation System
Injuries are an unfortunate part of workplace life. In employment requiring physical labor or vehicle operation, especially, employees may get hurt on the job. Some injuries are temporary, while others may be permanent.

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Understanding Temporary Disability Benefits Under California’s Workers’ Compensation System

Temporary Disability Benefits Under California’s Workers’ Compensation Law
When the unfortunate event of injury occurs at work, California’s workers’ compensation system acts to protect employees. After an injury, an employee may file a claim seeking benefits to recover compensation for

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The Difference Between Accidents And Intentional Acts In The Workplace

Accidents And Intentional Acts In The Workplace

Injuries are an unfortunate reality in the workplace. Most of the time these injuries are the result of workplace accidents. Sometimes, however, an injury is caused by the intentional act of a coworker. Even if the injury suffered is the same,

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When A Workplace Injury Is Psychological Rather Than Physical

When A Workplace Injury Is Psychological Rather Than Physical

When one thinks of workplace injuries, the most common ones to come to mind are car and truck accidents, falls, and accidents related to lifting or moving objects. Such physical injuries are, however, not the only ones

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Whether Or Not To Settle A Workers’ Compensation Claim In California

Whether Or Not To Settle A Workers’ Compensation Claim In California

In a dispute over workers’ compensation benefits in California, it can sometimes be advantageous to all parties to settle.

A Stipulation Is One Form Of Settlement In Disputes Over Workers’ Compensation Benefits In

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Understanding the Basics of Workers’ Compensation in California

The Basics of Workers’ Compensation in California

Workers’ compensation exists to protect employees who are injured while on the job. For delivery drivers, a common work-related accident is a car or truck accident. For employees in a warehouse or plant, the lifting or moving of an

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Understanding the Basics of Workers’ Compensation in California

The Basics of Workers’ Compensation in California

Workers’ compensation exists to protect employees who are injured while on the job. For delivery drivers, a common work-related accident is a car or truck accident. For employees in a warehouse or plant, the lifting or moving of an object is common cause of injury. For practically everyone everywhere, a slip and fall can occur when workplace surfaces fall below safety standards. In any scenario, an injured worker may be eligible for certain workers’ compensation benefits.

Medical Care Is A Benefit Of Worker’s Compensation In California

A workplace injury can result in lost wages from missed work, and even have adverse long-term impact on one’s ability to perform his or her job. Before these concerns surface, however, there is the very pressing need to receive medical care to treat injuries in the immediate aftermath of an on-the-job accident. To address this need, workers’ compensation commonly provides the benefit of medical care. When it does, medical care provided to help an employee recover from an injury caused by work is paid for by the employer. Common examples of medical care include physician visits, medical tests, prescription and over-the-counter medicines, medical equipment, and healthcare-related travel costs.

Temporary Disability Benefits May Be Included In Workers’ Compensation In California

A workplace injury can compound a painful physical injury or illness with the psychological stress of losing income due to recovery-related missed work. Fortunately, workers’ compensation commonly provides temporary disability benefits. These benefits consist of payments from an employer to make up for any wages that are lost as a result of an injury caused by work rendering an employee unable to perform his or job as usual.

Permanent Disability Benefits May Be Included In Workers’ Compensation In California

In some tragic scenarios, a workplace injury results in a permanent disability. A lost limb, paralysis, brain damage – each of these injuries can permanently prevent an employee from making a full recovery and being able to perform a job as usual again. As with temporary disability benefits, when workers’ compensation is in place, an employer may make permanent disability payments, whether over the long-term or in a lump sum, to account for an impossibility of recovery.

Supplemental Job Displacement Benefits May Be Included In Workers’ Compensation In California

Sometimes, a workplace injury may result in a permanent disability, but not altogether prohibit an employee from working in some capacities. In this scenario, an employee may still want to work, but the employer doesn’t want the employee to return to work. To aid the employee in returning to the workforce for a new employer, workers’ compensation, if applicable, may provide supplemental job displacement benefits to pay for training or education needed to rejoin the workforce.

Death Benefits May Be Included In Workers’ Compensation In California

Finally, in the unfortunate event that a workplace accident causes an employee’s death, workers’ compensation may provide death benefits to the deceased employee’s spouse, children, or other dependents.

Understanding the Basics of Workers’ Compensation in California

To find out for which workers’ compensation benefits you may be eligible, contact an experienced California workers’ compensation attorney.

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Whether Or Not To Settle A Workers’ Compensation Claim In California

In a dispute over workers’ compensation benefits in California, it can sometimes be advantageous to all parties to settle.

A Stipulation Is One Form Of Settlement In Disputes Over Workers’ Compensation Benefits In California

In the workers’ compensation settlement context, a stipulation is an agreement between parties as to the percentage of a disability a benefits applicant sustained as a result of the injury. Thus, a stipulation is tied to the essential claim component of a doctor’s recognition of medical evidence that a workplace injury has caused an employee a permanent or temporary disability. In accordance with the doctor’s diagnosis, an employee is eligible for either permanent or temporary disability benefits. In either category, a percentage is assigned to the disability in accordance with its impact on the employee’s ability to perform job duties or daily activities of living. However, sometimes there might be a disagreement between employer and employee as to this percentage – especially if different doctors reach different conclusions as to the nature and extent of injury. While some medical evidence is based strictly on objective grounds, some evidence is inherently subjective, such as a patient’s reporting of pain. The objective/subjective distinction can become especially problematic when a workplace injury is psychological rather than physical. Whatever the category, benefits concern money, and in matters of money, disputes sometimes arise. If you are considering a settlement via stipulation with regard to your workers’ compensation benefits claim in California, you may benefit from the experience of a skilled California workers’ compensation attorney. The greater the percentage you and your employer stipulate with regard to your injury, the more benefits you will receive. An attorney will fight to ensure that you receive the maximum compensation possible. This can bring you peace of mind, and ensure that the percentage stipulated to results in the stream of benefit payments you deserve, as well as any future medical care, physical therapy, and prescriptions you will need for your injury. Similarly, if you are unable to reach a stipulation agreement, an attorney will make the strongest argument at trial for the most favorable findings and award percentage determination by a judge.

Whether Or Not To Settle A Workers’ Compensation Claim In California

A Compromise In Release Is A Form of Settlement in Disputes Over Workers’ Compensation Benefits In California

In addition to a stipulation or findings and award, a settlement may be reached through a compromise in release. A compromise in release is a lump-sum buyout. It covers all permanent disability and future medical treatment, and allows an insurance company to essentially “wash its hands” of a benefits claim. Insurance companies rarely opt for a compromise in release approach initially. Rather, a company must be shown that it is in the company’s best interests to settle in this manner. In presenting an argument to an insurance company for a compromise in release lump sum payout, the skill of an experienced California workers’ compensation attorney is invaluable. Furthermore, an attorney can provide guidance as to whether a stipulation or compromise in release is the most sensible settlement option.

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When A Workplace Injury Is Psychological Rather Than Physical

When one thinks of workplace injuries, the most common ones to come to mind are car and truck accidents, falls, and accidents related to lifting or moving objects. Such physical injuries are, however, not the only ones compensable under California Workers’ Compensation laws. California law allows compensation for both physical and mental stress, including physical conditions with psychological origins, and vice versa. We have all experienced the effects of stress; when it builds, stress can both break down the body’s immune system and hamper the mind’s ability to function, thereby diminishing the ability to work. Stress can even build to the point that it causes or aggravates a mental disorder. Here, depression and anxiety can inhibit one’s ability to work and necessitate medical care. Even when stress doesn’t build over time – when it’s the result of a one-time traumatic workplace event – the psychological aftershocks can impact both job performance and quality of life outside work.

Physical Workplace Injuries May Cause Psychological Injuries

Sometimes a workplace injury is so traumatic that it causes psychological aftershocks. Depression, anxiety, mood fluctuations, loss of sleep, and nightmares are all manifestations of psychological trauma. These symptoms compound the physical injuries resulting from a workplace accident, and can have every bit as much an impact on one’s ability to return to work, as well as bearing on one’s happiness and quality of life outside the workplace.

When A Workplace Injury Is Psychological Rather Than Physical

The Threshold For Bringing A Successful Psychological Workers’ Compensation Claim

One difference in physical and psychological workers’ compensation claims in California is the threshold of proof. Under the state’s labor code, an employee seeking compensation for a psychological injury caused by work must have been employed by the employer for at least six months prior to the injury. In addition, the employee must have obtained an official diagnosis of a mental disorder responsible for the disability or a need for treatment. This diagnosis must detail the employee’s personal background, including developmental history, the existence of any personal problems, job satisfaction, and performance reviews. Third, an employee seeking compensation must prove that work-related events during the course of employment were the actual cause of the disability. The actual cause component can be complex, as it requires proof that actual events of employment were more than 50% responsible for the psychiatric injury suffered. Multiple causes can be at play, so long as work-related cause is the predominant one. To demonstrate predominance, depositions containing coworkers’ statements and interviews with family members, as well as psychological testing data, will be essential. These threshold requirements are more stringent than those imposed on a strictly physical workers’ compensation claim, and the burden of proof is on the employee. Thus, in seeking the compensation you deserve for your work-related psychological injury, you will benefit greatly from experienced of a skilled California workers’ compensation attorney.

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The Difference Between Accidents And Intentional Acts In The Workplace

Accidents And Intentional Acts In The Workplace

Injuries are an unfortunate reality in the workplace. Most of the time these injuries are the result of workplace accidents. Sometimes, however, an injury is caused by the intentional act of a coworker. Even if the injury suffered is the same, in the eyes of the law it matters greatly whether the cause is an accident or an intentional act. This is because accidents like vehicle collisions, slip and falls, chemical burns, and incidents involving lifting or moving objects will usually fall within the scope of California’s workers’ compensation laws. Intentional acts, such as physical or verbal abuse, on the other hand, are more likely dealt with by the state’s criminal justice or intentional tort laws. To discuss injuries suffered in the workplace and determine how to proceed with a claim to recover the compensation you need and deserve, contact an experienced California workers’ compensation attorney.

Workplace Accidents Are The Domain Of California’s Workers’ Compensation System

In California, almost all businesses with employees are required by law to purchase workers’ compensation insurance. This type of insurance can be purchased privately or through the state. Its purpose is to provide employees covered by the plan with medical, wage, and other benefits arising from injuries sustained in the workplace. Workers’ compensation insurance protects both employers and employees by ensuring that employers are not bankrupted by having to cover the potentially many costs arising from workplace injuries, and employees being left in financial dire straits by medical expenses and lost wages due to missed work. Physical injuries like broken bones, burns, and slipped discs are covered. So too are illnesses and diseases, as long as the work was the actual cause of the illness or disease. Psychological injuries may be covered as well, but the threshold of proof is higher than with physical injuries.

Accidents And Intentional Acts In The Workplace

Injuries Suffered As The Result Of The Intentional Acts Of A Coworker Are Generally Not Covered by California’s Workers’ Compensation System

Employers have a duty to keep business premises safe for employees. This duty extends to everything from floors to task-related procedures to the condition of vehicles used in the course of conducting business on the behalf of the employer. When this duty is breached, and an injury results, responsibility rests with the employer. This is the case, for example, if an employee slips and falls on a wet floor, pulls his or her back lifting or moving a heavy crate without adequate protective gear or training, or suffers a broken bone while operating inadequately maintained company equipment. The conduct of coworkers, however, is another matter. While employers are required to inform employees of what is and isn’t appropriate conduct at the workplace, an employer is generally not liable for the intentional bad acts of one employee against another. The duty governing conduct not related to the performance of work-related tasks is the same one that exists outside the workplace. Whether on or off the job, it is not legal to assault someone. As such, engaging in this prohibited behavior will result in liability for any injuries caused. Absent an employer’s knowledge of the violent or dangerous propensities on an employee, it is the offending employee, rather than the employer, that will be held responsible for injuries caused by an intentional act.

To discuss injuries suffered in the workplace and determine how to proceed with a claim to recover the compensation you need and deserve, contact an experienced California workers’ compensation attorney.

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Understanding Temporary Disability Benefits Under California’s Workers’ Compensation System

Temporary Disability Benefits Under California’s Workers’ Compensation Law

When the unfortunate event of injury occurs at work, California’s workers’ compensation system acts to protect employees. After an injury, an employee may file a claim seeking benefits to recover compensation for medical treatment, lost income from missed work, and other losses. An integral part of the claim process is determining what type of disability a workplace injury constitutes. There are two categories: temporary and permanent. Here, we will explore the category of temporary disabilities.

What is a Temporary Disability?

Even within the broader temporary disability category, there are subcategories of total temporary disabilities and partial temporary disabilities. A total temporary disability is one that completely prevents an employee from working for a certain period of time. A partial temporary disability, as its name implies, only prevents an employee from working for part of a certain period of time, or from performing some, but not all, job duties for a certain period of time.

Temporary Disability Benefits Under California’s Workers’ Compensation Law

The categorization of a temporary disability is determined by a doctor in accordance with standards set by the American Medical Association. The primary standard is that of “reasonable medical probability.” Using this standard, a doctor provides a diagnosis as to how long, and to what extent, an injury will affect an employee’s ability to work. In the case of a leg injury, if a doctor determines that the injury has rendered an employee in California totally temporarily disabled for a period of two weeks, then the employer’s state-required workers’ compensation insurance will step in to pay two-thirds of the employee’s salary during the time that the employee is unable to work because of the leg injury. It is important to understand that there is a limit on the amount of time an insurer will be required to pay benefits arising from disability categorized by a doctor as temporary. An insurer will only be required to pay temporary disability benefits to an employee for two years during a five-year period. This is the case for even total temporary disability unless an exception applies. Exceptions include high-velocity eye injuries and amputations. Additionally, exceptions may apply for multiple injuries, so long as they are separate and distinct from one another.

What To Do If You Have Suffered A Workplace Injury in California

If you have suffered a workplace injury in California, you will need to navigate the state’s sometimes complex workers’ compensation system. It is a process that can be an unneeded stress at a time when you are already dealing with the pain of injury while adjusting to both your work and personal responsibilities. While receiving medical treatment for your injuries, you will need a doctor to determine the nature and extent of your injuries, as they relate to your ability to perform the duties of your job. Time for recovery must be allowed, and a claim for workers’ compensation benefits must be filed. Your ability to earn a living affects virtually every facet of your life. Don’t let a work-related injury compromise that ability; contact an experienced California workers’ compensation attorney today to determine your rights and the forms of compensation you may be entitled to.

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Understanding Permanent Disabilities Under California’s Workers’ Compensation System

Permanent Disabilities Under California’s Workers’ Compensation System

Injuries are an unfortunate part of workplace life. In employment requiring physical labor or vehicle operation, especially, employees may get hurt on the job. Some injuries are temporary, while others may be permanent. In either case, California’s workers’ compensation system is there to protect employees who suffer work-related injuries and illnesses.

Permanent Disabilities

In California, a permanent disability is defined as any lasting disability from a work injury or illness that affect an employee’s ability to earn a living. In most cases, it is not possible to determine whether a disability is permanent in the immediate aftermath of a workplace injury. Obvious exceptions include paralysis or loss of limb. Medical care must be given, and time allowed for a full recovery. If, after a reasonable period of time for recovery, an employee makes a complete recovery, the disability will be categorized as temporary rather than permanent. If a complete recovery is not made – if there is a residual impact on an employee’s daily activities of living – then the disability will be categorized as permanent. Daily activities of living include cooking, cleaning, grocery shopping, running errands, standing, sitting, personal hygiene, and other basic elements of everyday life.

Permanent Disabilities Under California’s Workers’ Compensation System

Categorization of Disability Affects Workers’ Compensation Benefits

The categorization of disability is important because of its bearing on the payment of workers’ compensation benefits by an employer to an injured employee. Even if a disability is permanent, it will be assigned a percentage in accordance with its long-term impact on activities of daily living. Take, for example, back pain. If, after receiving medical treatment for a workplace injury, an employee continues to experience bothersome back pain during many of the activities of daily living, a certain percentage of permanent disability status may be assigned, and benefits awarded accordingly. Because relying exclusively on self-reporting of symptoms could result in employee abuse of workers’ compensation benefits, California balances both subjective and objective components in accordance with standards provided by the American Medical Association. Objective data, in other words, is medical evidence. These standards only apply to physical injuries, however. For psychological injuries, California uses the GAFF scale.

The greater the permanent disability is in terms of percentage, the greater the payment of benefits. Typically, benefits are paid in installments over time, rather than in a lump sum. This reduces the short-term burden on employers and insurers, and also allows for the possibility of an unexpected full recovery even after permanent disability status has been granted.

Have You Sustained a Permanent Disability?

Seeking permanent disability status through California’s workers’ compensation system can be complex. You will need to file a claim within a certain window of time following the injuries to comply with the statute of limitations. You will need to present medical evidence of the nature of your injuries, whether they are physical or psychological. Furthermore, you will have to prove that your injuries were suffered in the course and scope of employment, as required by the California Labor Code. For all these reasons, you will benefit from the skill and experience of a dedicated California workers’ compensation attorney.

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When A Workers’ Compensation Claim Is Complicated By Job Termination

Affects of Job Termination on a Workers’ Compensation Claim

Sometimes, when an employee is injured on the job and files a workers’ compensation claim, the employer subsequently fires the employee. While some firings may be legitimate and based solely on the employee’s job performance, other firings may have the illegitimate goal of evading payment of workers’ compensation. The sequence of events reflected in the latter scenario is referred to as a retaliatory discharge. Whistleblower-related retaliatory discharge is more widely known, thanks to depictions in film and television, but it also occurs in the workers’ compensation context.

Retaliation Under California Workers Compensation Law

As the California Labor Code makes clear, employers may not retaliate against an employee who files a workers’ compensation claim by terminating that employee. Section 132a of the code defines the nature of retaliatory discharge as one of discrimination, and states that there should not be discrimination against California workers who are injured in the course and scope of their employment.

Riverside County Work Injury Lawyer Kevin Cortright

While we can clearly understand the word “discrimination” as referring to retaliatory discharge, the words “course” and “scope” require further discussion. These terms are included in the code to prevent employers from being held liable for employee injuries unrelated to an employee’s job duties. For example, if an employee’s job is to sit at a desk transcribing audio recordings into text on a computer, but the employee decides to engage in horseplay by doing cartwheels down the hallway and injures his or her back in the process, the employer will not be held liable. This would be unfair, as cartwheels are not among the duties of a transcriptionist. The philosophy underlying this section of code is the principal-agent relationship between employer and employee. In the employment relationship, the agent (employee) is thought to act with the assent (agreement) of the principal (employer), for the benefit of the principal, and under the control of the principal. The satisfaction of these conditions is the reason why the employer pays the employee. Out of fairness, to ensure that employees don’t incur medical bills cutting into or even exceeding the value of wages while following the directions of an employer, California’s workers’ compensation system protects employees who sustain injuries while working in the course and scope of their employment.

Reach Out to a Workers’ Compensation Attorney for Help

If an employer fires an employee who sustains an injury while acting in the course and scope of employment, the employer commits a misdemeanor crime. Employees who are victims of this type of discrimination may recover compensation such as additional workers’ compensation benefits, reinstatement, back pay, and the value of lost benefits.

If you have been discharged after filing a workers’ compensation claim, contact an experienced California workers’ compensation attorney immediately to determine your rights and the forms of compensation you may be entitled to.

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When A Workers’ Compensation Claim Is Complicated By Job Termination

Affects of Job Termination on a Workers’ Compensation Claim
Sometimes, when an employee is injured on the job and files a workers’ compensation claim, the employer subsequently fires the employee. While some firings may be legitimate and based solely on the employee’s job performance,

Read more...