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Law Offices of Bo Katzakian

Workers' Compensation Archives

Potential workers' compensation change sparks ride share proposal

Worker categorization and how it affects independent contractors in California is continuously discussed in the context of workers' compensation because the situation is a fluid one. Employers who prefer having independent contractors derive multiple benefits from such an arrangement. One is that they are shielded from needing to pay for workers' compensation insurance. Recent laws that have passed in the State Assembly have raised the level of urgency for employers who are seeking alternatives to so-called "gig" employees being labeled as employees. This is a concern for these workers when they are injured on the job and they should keep track of changes as they happen.

Workers' compensation disputes and a medical evaluation

California workers who have been injured on the job will often need workers' compensation benefits to provide them with various benefits as they recuperate. However, not all cases are clear and there are frequently disputes between the employer, the insurance company and the worker. For many, the determination as to whether there should be an approval for workers' compensation benefits will need to be made via a comprehensive medical evaluation. Understanding what the law says about this is key when preparing for the case. This law applies when the employee has legal representation.

Gig employees could soon be eligible for workers' compensation

There is a growing number of Californians who are not typical employees and are considered contractors. Increasingly, they are being included in the "gig" economy and becoming injured on the job has opened a host of concerns as to whether they should be eligible for workers' compensation benefits. This issue and other work-related rights has been debated frequently, especially with the growing popularity of remote jobs, Lyft and other ride share services. Perceived attempts on the part of employers to avoid the cost of having a worker classified as an employee is also a problem.

Study shows new risk for emergency responder workplace injuries

In California and across the U.S., first responders' jobs are difficult and dangerous enough without thinking about the possibility of common, everyday dangers adding to the risk. Unfortunately, that is exactly what is happening with distracted drivers. As a new study shows, the combination of law enforcement, emergency medical technicians and firefighters working at a scene and a driver passing by while distracted is a growing concern for workplace injuries and death of workers. Workers compensation benefits could be necessary for those who have been hurt in an accident under these circumstances. Understanding the steps to file frequently requires legal advice.

Key points about workers' compensation medical examiners

California workers who are injured on the job or suffer a related condition or illness that prevents them from working will understandably want to receive workers' compensation benefits. Workers' compensation is important as it not only allows a worker to receive partial payment of their wages, but it can help them with medical treatment. For those who are facing the uncertainty of a work-related injury, these issues will be worrisome. Not all cases go smoothly with the insurer and the worker agreeing on the extent of the injuries. In some cases, the claim can be denied.

Injured truckers' classification key for workers' compensation

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.

First responders seek workers' compensation for PTSD

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.

Workers' compensation and average earnings for people under 18

When a Californian is injured on the job and is set to receive workers' compensation benefits, there will frequently be questions about how much will be paid and the methods used to calculate how much the person will receive. Since being a work accident victim will not only mean medical treatment for the injuries or conditions that result from it but also mean concerns about income, this is a critical issue. Understanding how the state determines the average annual wages with workers' compensation is important for every injured worker and his or her family.

What is compromise and release in workers' compensation?

There is often a perception that California workers' compensation cases are naturally adversarial, but that is not necessarily the case. For many, there are no issues in dispute and workers' compensation benefits are provided without rancor. In some, there could be a moderate disagreement on such issues as the length of time the worker is expected to be off the job, but these matters can be settled. With cases where there is room for negotiation and both sides are willing, there is the law of compromise and release. Even if the parties are willing and able to agree, it is still important that the worker or the family left behind, in case of a fatality, have legal advice before agreeing.

Workers' compensation and disputes over a medical assessment

California workers who are injured on the job and seek workers' compensation benefits may forgo paying for a legal professional to help with their case, as is their prerogative. However, many people who are facing workers' compensation concerns may end up regretting not having legal assistance, especially when there is a dispute about the injury or occupational illness and the worker is not sure as to what the alternatives are. Understanding how to handle a disagreement with a doctor's assessment and what the claimant says he or she can do is a key part of a case.

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  • San Jose: 408-624-8420
  • Salinas: 831-222-0988
  • Santa Cruz: 831-222-0855
  • San Luis Obispo: 805-475-3890

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