Recent Blog Posts
Does California Workers’ Compensation Cover PTSD From Work?
Not all job-related injuries are physical. For some California workers, the risk of emotional and mental harm can be just as serious. Post-traumatic stress disorder (PTSD) is one example of a mental health condition that can result from workplace trauma.
If you are experiencing symptoms like anxiety, flashbacks, or depression because of something that happened on the job, you may be able to receive workers’ compensation benefits to help you financially as you work on recovery. A Santa Clara County, CA workers’ compensation attorney can help you understand your rights and what benefits may be available.
How Can You Get PTSD on the Job in California?
PTSD is a mental health disorder that often develops after a person goes through a traumatic or life-threatening experience. In the workplace, trauma can take many forms. It may come from a single shocking event, such as a robbery, violent attack, serious accident, or being threatened by a coworker or customer. For others, PTSD can build up over time through repeated stress or disturbing experiences.
Can Truck Drivers File for Workers’ Comp Benefits After a Crash in California?
Commercial truck drivers face unique risks every day on California’s highways. From long hours to hazardous road conditions, the chances of being involved in a crash while on the job run high. If you are a truck driver injured in an accident while working, you may be eligible for workers’ compensation benefits. However, your eligibility depends on several factors. An experienced Hollister, CA workers' compensation attorney can help you understand those factors and your rights.
California Workers’ Compensation for Commercial Truck Drivers
Under California Labor Code § 3700, any employer with one or more employees must provide workers' compensation coverage. For a truck driver, this means that if you are classified as an employee, and you are hurt in a crash while on the job, you have a legal right to file a claim. This coverage helps pay for medical treatment, lost wages, and disability benefits when an employee is injured while performing work-related duties.
How Do Permanent Disability Ratings Work in California Workers’ Comp?
If you suffered a work-related injury that led to a permanent impairment, you may be entitled to permanent disability benefits through California’s workers’ compensation system. These benefits are designed to compensate you for the lasting impact the injury has on your ability to work. The key factor in determining the amount you receive is your permanent disability rating. If you have questions about your eligibility for benefits, a Morgan Hill, CA workers’ compensation attorney can help.
What Is a Permanent Disability Rating for a California Workers’ Compensation Claim?
A permanent disability rating is a percentage that represents how much your injury limits your ability to earn a living. This rating applies once your condition has reached maximum medical improvement (MMI), which is the point where your condition has stabilized and is not expected to improve with further treatment.
Does Workers’ Compensation Cover Respiratory Conditions in California?
Workers’ compensation benefits in California can cover respiratory and other occupational conditions if they are caused by work. However, proving the connection between your illness and your job can be challenging. A Hollister, CA workers’ compensation attorney can help you understand your rights and guide you through filing a claim.
Common Respiratory Conditions in the Workplace
Workers in many industries face health risks from breathing in harmful substances. Some respiratory conditions often connected to workplace exposure in California include:
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Occupational asthma: Asthma can start or worsen because of repeated on-the-job exposure to irritants or allergens, such as dust or chemical fumes.
Reasons for a Workers’ Compensation Claim Denial in California
Receiving a denial for a workers’ compensation claim can feel defeating. However, there are common reasons that these claims are denied, and an experienced Gilroy, CA workers’ compensation attorney can help you fight an unfair judgment. The first step is to understand why your claim was not accepted. More often than not, there is an obvious solution.
Common Reasons for Workers’ Compensation Claim Denials in California
The most common reasons for workers’ compensation claim denial in California are related to issues addressed under state labor laws:
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Lack of medical evidence: If your medical records do not clearly connect your injury to your work duties, your claim may be denied.
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Injury not reported on time: Injured workers must notify their employer within 30 days of the injury, according to Labor Code § 5400.
How Long Can I Stay on Workers’ Comp With a Spinal Cord Injury in CA?
A spinal cord injury can happen in an instant, causing chronic pain or loss of function that can last a lifetime. These injuries often require long-term medical care and prevent you from returning to work for months or years. If you have been hurt on the job, an experienced Hollister, CA workers’ compensation attorney can help you understand how long you can receive benefits and how California law protects your right to support during recovery.
How Long Does Workers’ Compensation Cover Spinal Injuries in California?
Under California Labor Code § 4656, most injured workers can receive Temporary Total Disability (TTD) benefits for a single injury for up to 104 weeks within two years from the date of injury. These benefits help replace lost wages while you recover and are unable to work. However, spinal cord injuries are often serious enough to qualify for extended benefits. If your injury involves paralysis, significant nerve damage, or other severe neurological complications, you may be eligible to receive TTD for longer. As of January 1, 2025, the minimum weekly TTD benefit is $252.03.
Do I Sue if Injured in a Trench Collapse at Work in California?
If you suffered an injury in a trench collapse on a construction site in California, you do not need to sue your employer to recover compensation for your injuries. Instead, you need to file a workers’ compensation claim. California law requires employers to carry workers’ compensation insurance, allowing injured workers an avenue to compensation that offers fast benefits without the need to prove liability. A Gilroy, CA workers’ compensation attorney can help you determine the value of your claim and protect your right to adequate compensation.
What Should I Do After a Trench Collapse Injury on the Job?
The steps you can take in the immediate aftermath of a trench collapse injury on the job include:
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Seek medical attention if you did not receive emergency care.
Do You Need a Lawyer for a Workers’ Comp Claim in California?
The workers’ compensation process in California can be highly complex, even in seemingly straightforward workplace injury cases. If you were injured on the job and need assistance, you can contact a San Benito County workers’ compensation attorney anytime after the accident. Experienced attorneys can help with filing and pursuing a claim, handling everything from communication with the insurance company to gathering supporting evidence.
When Should You Hire a Lawyer for a Workers’ Compensation Claim in California?
Sometimes, filing for workers’ comp is a straightforward process, but that is not always the case. Some common examples of times when you would benefit from hiring an experienced workers’ compensation attorney include:
Can I Get Permanent Benefits From a CA Workers’ Compensation Case?
Workers’ compensation benefits help injured employees get the financial support they need after a work-related injury without the need to prove fault. For some, these benefits are temporary – enough to keep you on your feet until you are healed and released to return to work. However, if you suffer severe injuries that profoundly impact your ability to work again, a Santa Clara County workers’ compensation attorney will guide you through the complex application process for permanent disability benefits.
What Are Permanent Workers’ Compensation Benefits?
Permanent disability (PD) benefits offer long-term, sometimes lifetime, benefits through California’s workers’ compensation insurance program to accommodate individuals who suffer life-altering injuries in a workplace accident. These injuries often include injuries like paralysis, amputated limbs, and other serious, permanent changes that result in loss of earning capacity. If your injuries hinder you from performing the job that you did before or from working at all, PD benefits are designed to pay you for your lost earnings.
Death Benefits for the Family of Someone Who Died on the Job in CA
Workers’ compensation insurance covers the financial damages incurred from a work-related injury, and when the accident results in death, family members who financially depended on the victim can claim death benefits. For many, these benefits can have a significant impact on their financial stability during an emotionally challenging time. Learn more about the availability of death benefits, and reach out to an experienced Gilroy, CA workers’ compensation attorney to discuss your case.
Who Can Collect Death Benefits from a Workers’ Compensation Claim in California?
Those who are eligible to receive death benefits through a workers’ compensation claim in California are categorized as total or partial dependents. Relatives who qualify for death benefits include: