San Jose Workers' Compensation Blog

When a California worker is injured on the job, the classification as to whether he or she is an employee or a contractor can lead to confusion when seeking workers' compensation benefits. For all workers, this can be problematic, but it is especially true for truckers. Industry insiders state that this issue is a growing concern for companies and drivers. When truckers are injured, the lost time on the job and medical expenses can cause them financial strife. To ensure they get the workers' compensation benefits they are entitled to, a law firm experienced in these issues can help.

In the last decade, there were major changes to companies using independent contractors and owner-operators rather than employing their drivers directly. This is done, in part, because workers' compensation had grown so costly to companies. Often, the motor carrier lets the owner-operator show evidence that they have workers' compensation or other insurance coverage like occupational accident insurance. Occupational accident coverage is considered a lighter version of workers' compensation insurance. This does not have the same overall coverage as workers' compensation, but it has more than basic health insurance.

When a California worker seeks workers' compensation benefits, there is often a misplaced belief that it can only be granted when there is a physical injury or an occupational disease. However, workers can get workers' compensation benefits for psychiatric issues too. Currently, the worker can only be approved for workers' compensation if the disorder results in disability or the person needs medical treatment for it. It is also necessary to prove that the experience on the job that sparked it were a substantial cause. By substantial cause, they mean 35 to 40%. With the continual struggles first responders are experiencing and the number of catastrophic incidents that are happening, a proposed new law is seeking to expand coverage.

With fires in the state breaking records and mass shootings that have been happening, first responders in law enforcement and firefighters are increasingly suffering from the emotional aftereffects of their experiences. Post-traumatic stress disorder is causing them problems as they try to focus on their jobs and are unable to do so. Some workers would prefer to take time off - with the benefits they get from workers' compensation - than leave their vocation entirely. With the proposed new law, that will be possible. The law would give workers' compensation for PTSD.

The General Duty Clause of the Occupational Safety and Health Act mandates that employers nationwide, including California, must provide safe workplaces. They must address all known risks. Employers must protect workers from suffering serious personal injury or death that environmental hazards could cause.

Under federal law, your employer must protect you from environmental hazards that include harmful lighting, noise, surrounding hazards like uneven floors, dust, cold and heat stress, and more.

There is always a great deal of construction work throughout California. This is beneficial for the economy and provides people with jobs. However, the danger of construction work is inherent. People are around heavy machinery, work at great heights and are placing their trust in others following safety protocol. Accidents happen and there can be injuries and fatalities because of them. When people have been hurt on a construction job, workers' compensation can be imperative to make ends meet and to get medical treatment. When there is a fatality, the family will want to seek the maximum in survivor benefits. In either case, legal help is beneficial.

A crane collapsed on a construction site injuring one worker and killing another. The accident happened in the afternoon at around 1:40 p.m. When it fell, it hit a carpenter, 54, and killed him. When emergency services arrived, the man was declared dead. A second worker, said to be in his 50s, suffered hand injuries in the incident. According to the fire department, the crane was lifting a concrete wall and collapsed. California Occupational Safety and Health Administration (Cal/OSHA) is investigating the case.