San Jose Workers' Compensation Blog

There are dangers in any type of job, and Californians should be cognizant of the level of risk they face, especially in high risk occupations. Certain industries have more workplace injuries and death than others, but anyone can be confronted with the injuries and deaths that can come about after a work accident. It is important for workers and their families to have a basic understanding of the statistics for injuries and fatalities.

According to the U.S. Bureau of Labor Statistics, there was a minor increase in workplace fatalities. The statistics were recently released and are for 2018. Although there was a rise in fatalities, the injury numbers remained level with 3.5 workers suffering an injury on the job for every 100,000 full-time equivalent employees. There were 5,250 fatalities in 2018. For 2017, there were 5,147 deaths. The most common industry for workplace fatalities was transportation with 40 percent. The number of workers who died in a fall lowered by 11 percent. In 2017, that number had reached its highest point in 26 years.

The dangers of playing football have been debated for many years in California and across the nation. Along with the lawsuits former players have filed seeking benefits and coverage for medical expenses from the National Football League (NFL), workers' compensation claims are growing more common. The physical nature of the game of pro-football is well-known. What is being debated is whether players are warranted in seeking workers' compensation and the extent to which they should be covered. Like any other workers' compensation case, having legal advice can be key to receiving benefits.

A recent case involving a legendary Hall of Famer asserts that he suffered from multiple traumatic injuries stemming from his NFL career. The former tight end for the San Diego Chargers, Kellen Winslow, Sr., states that he has brain injuries and injuries to his nervous system due to cumulative trauma from his playing days. The 62-year-old Mr. Winslow filed his claim in early 2018. He says that he suffered the damage from 1979 to 1988 when he established himself as one of football's best players.

Workers' compensation in California is a vital aspect of injured employees receiving medical care and wages for the time they are unable to work. The key part of these benefits, however, is getting approved as quickly as possible. One aspect of this is when there is a disagreement with the employer as to whether the injury is work-related and how long the person should be out. This is when there will be a medical review. A problem that has recently surfaced with these reviews is that workers are waiting an inordinate amount of time to get a decision. Clerical problems can be a troublesome part of the workers' compensation claims process.

In the audit, the reviewer found that there are not enough doctors to conduct the reviews. There was a 37 percent increase in review requests between 2013 and 2018. Despite that, there was a reduction in doctors who were available to conduct them by 12 percent.

Thousands of workers in factories and warehouses in and around San Jose suffer preventable workplace injuries each year. However, many of them do not realize that they are entitled to safe work environments in which they have access to all the necessary safety equipment. Although the California Division of Occupational Safety and Health requires compliance with prescribed safety standards, many employers regard safety equipment as unnecessary expenses.

Do you know your rights? You have the right to insist on a safe workplace and also the provision of personal protective and other safety equipment. Workplace injuries can happen in the blink of an eye, and in many cases, injuries cause long-term health problems. Sadly, if you do not insist on safety, you might suffer injuries with lasting physical and mental health effects. It could limit your income ability and have severe financial consequences.