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Workers' Compensation Archives

What if my employer claims my injury is not work-related?

The concept of workers' compensation insurance is one that is thrown around in conversation or mentioned on television regularly, but not all workers properly understand it, especially when it comes time to file a claim. If you have concerns about a workers' compensation claim, or if your employer balks at covering an on-the-job injury, you can take steps to understand and protect your rights as a worker.

Don't allow your employer to place you in danger

One of the best ways an employer can boost overall employee productivity is by maintaining a safe workplace. While this may seem counterintuitive -- because of the time required to maintain safe practices and educate employees --employers who skimp in these areas suffer from financial and productivity losses when employees get injured and can't do their jobs. Ultimately, protecting workers from injury pays dividends to employers in the long run.

Types of workers' compensation benefits

When a person is injured on the job, workers' compensation is called upon to make the situation right again. This arrangement does offer protection to employees, but it also protects employers. Without some strong representation, many employees find that the compensation the employer offers them is far less than they actually deserve. Workers' compensation benefits can cover a number of areas, depending on the nature of your injury.

What if my workers' compensation claim is denied?

When you suffer an injury on the job, you might think that you simply need to report the injury, file a claim and receive treatment for your injury. However, in some cases, a claims administrator may not approve your treatment. Workers' compensation does cover employee injuries to keep the employer from fielding too many lawsuits, but not every claim is automatically approved. If a claim administrator believes your claim does not warrant treatment, it may get denied. This may create tensions around how you'll recover from your injury and who will pay for the costs of that recovery.

What types of benefits does workers' compensation offer?

If you suffer an injury on the job, or even if you are tragically killed while at work, workers' compensation insurance provides a number of different benefits to you and possibly your loved ones. Understanding all of the available types of benefits you might receive in a workers' compensation settlement can help ensure that you don't receive less than you deserve.

Worker’s compensation denial leads to suicide

For many workers across America, their job is hurting them just as much or more than it is sustaining them. The pressure to produce at a high level can be crushing, causing many people to reconsider if working for one employer or another is truly worth the drain on their personal will just because the paycheck is substantial. To make matters worse, just because a job comes with a significant salary doesn't mean that the company will treat employees fairly.

Is pesticide poisoning a workplace injury?

Workplace injuries are not confined to broken bones or slip-and-fall accidents. In many cases, a workplace injury may arise from exposure to an unsafe substance, such as pesticide. However, even though pesticide poisoning is very real, and affects many workers each year, there is little data to look to for specific guidance on just how often pesticide poisoning occurs.

Understanding an Injury and Illness Prevention Program

Each employer in California is required to maintain an Injury and Illness Prevention Program (IIPP) to protect employees. However, some employers either do not take time to keep properly informed of the plan, or fail to create one altogether. If you are unsure about the nature of your employer's IIPP, or if you believe that you employer''s existing IIPP is insufficient, an experienced attorney can help keep your rights protected.

Are stress-related ailments also work-related?

Working a high-pressure job is well known to correlate to high levels of stress, which are becoming more and more linked to numerous physical ailments. If you have experienced one or more ailment associated with stress on the human body, you may qualify for workers' compensation for a work-related illness.

California workers face unexpected lead poisoning

Workplace injuries can take many forms, some of which slowly creep up on their victims rather than injuring them in a single instant. California manufacturing employees across several industries face just such a situation, as state public health officials announced that over 6,000 individuals had tested positive for higher-than-acceptable levels of lead in their bloodstreams.

California Applicants Attorneys Association Avvo Rating Super Lawyers

Making a false or fraudulent workers’ compensation claim is a felony subject to 5 years in prison or up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Disabled and need help? Benefits denied? WE CAN HELP.

Law Office of Rockwell, Kelly, Duarte & Urstoeger, LLP

1600 G Street
Modesto, CA 95354

Telephone: 209-521-2552
Fax: 209-526-7898
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