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California Workers’ Comp: Temporary and Permanent Disability Benefits
Being injured while on the job can lead to many difficulties, especially if a person is unable to return to work while they are recovering. If an injury is serious enough, it can permanently affect the types of work that a person can perform, and this can impact the income they will be able to earn during the rest of their career. Fortunately, a person who suffers an on-the-job injury will usually qualify for workers’ compensation benefits. However, navigating the process of filing a workers’ comp claim can be complicated, and it is important to understand how both temporary and permanent disability benefits will be handled in these cases.
Disability Benefits in CA Workers’ Compensation Cases
If an injury causes a person to miss more than three days of work, or if they need to spend the night in a hospital while receiving treatment, they can begin receiving temporary disability (TD) benefits. These benefits will provide two-thirds of the amount lost due to being unable to work. In total disability cases, a person will receive two-thirds of their pre-tax wages. In partial disability cases where a person can work part-time or at a lower wage while recovering, they will receive two-thirds of the difference between their pre-injury wages and the amount they are currently earning. Notably, TD benefits are calculated based on all of the income a person was able to earn before being injured, including hourly wages, overtime, salary, bonuses, tips, commissions, food and lodging expenses, and income earned from other jobs.
Can Truck Drivers Receive Workers’ Comp for On-the-Job Injuries?
Employees who suffer work-related injuries can receive workers’ compensation benefits that will address their medical expenses and loss of income due to temporary or permanent disabilities. These benefits may be available to truck drivers who suffer on-the-job injuries. However, a truck driver’s ability to receive workers’ comp may be affected by their classification as an employee or independent contractor. Those who have suffered injuries will want to determine their options for receiving benefits or other forms of compensation.
Legal Issues Affecting Workers’ Compensation for Truck Drivers
3 Types of Tractor and Equipment Accidents That May Injure Farm Workers
There are many high-risk occupations where workers are at risk of being seriously injured. The agricultural industry is one of the most common sources of work-related injuries, and there are many ways that farm workers can suffer serious harm while on the job. Accidents involving tractors and other farm equipment can be especially dangerous, and workers who have suffered injuries in these types of accidents can work with an attorney to determine their options for receiving workers’ compensation benefits.
Common Tractor Accidents and Equipment-Related Injuries
Tractors are one of the most frequent sources of serious or fatal injuries on farms. Workers who are operating tractors or who are working near tractors or other equipment, such as harvesters and combines, may be injured because of:
What Types of Workers’ Comp Benefits Can I Receive for Hearing Loss?
Being able to hear correctly is crucial, and hearing loss can have a major impact on a person’s ability to perform work, as well as their daily life. As with other types of injuries, a person who suffers from work-related hearing loss may be able to receive benefits through workers’ compensation. In these situations, a person will need to understand when they will qualify for workers’ comp and the types of benefits they will be able to receive.
Noise-Induced Hearing Loss in the Workplace
Workers’ compensation benefits are available to those who suffered injuries or illnesses due to accidents in the workplace or because of the work they performed. In many cases, workers may suffer hearing loss because they are regularly exposed to loud noises while working. These issues may affect people who work around heavy equipment and machinery or in other noisy environments, including construction workers, factory workers, warehouse workers, agricultural workers, workers in the oil and gas industry, and those who are exposed to explosions or gunfire
Study: California Food Industry Workers Face Highest Risk of Dying from COVID-19
There is no doubt that the COVID-19 has affected almost every area of Americans’ lives, including in the area of job injury and safety. Our firm has written numerous blog posts about the high risk of exposure many workers have to the virus, as well as posts regarding how the federal government, the state of California’s government, and employers are addressing the multiple COVID-19 issues workers face. But a recent study by the University of California has revealed just how vulnerable food service workers are.
Threats to Food Service Industry Workers
There have been multiple incidents from around the country regarding the incidents of violence many food service workers have experienced from customers upset about enforcement of COVID-19 restrictions many restaurants have in place. Just last week, in one story that went viral, a hostess at a New York City restaurant was attacked by three out-of-town tourists when she asked the guests to show proof they were vaccinated, per the restaurant’s policy. They responded to her question by punching her repeatedly in the face. This type of scene has played out over and over again in dining establishments across the U.S.
Violence in the Sky: Risk of Work Injury for Flight Attendants
Many people who choose the career path of a flight attendant do so because of the many fringe benefits that go along with the job, including free flight and travel opportunities, compensation and benefit plans, and flexible schedules. What many flight attendants likely did not bargain for was the high risk of violence from unruly passengers. A recent survey reveals just how common—and how dangerous—that risk has become. If you have been injured on the job as a flight attendant, by a violent passenger or some other cause, workers’ compensation benefits can provide financial relief.
Violent Passenger Incidents for Flight Attendants
The Association of Flight Attendants conducted a survey of 5,000 of their members and found that more than 85 percent of participants had dealt with some level of unruly passengers in the first half of 2021. As air travel has again begun to increase after last year’s pandemic travel restrictions were lifted, the number of incidents has spiked. Almost 60 percent of participants had dealt with at least five confrontations with passengers, and just under 20 percent had experienced at least one physical incident.
High Rate of Job Injuries in Construction Industry
There are more than 11 million workers employed in the construction industry in the United States. While working in the industry can be a lucrative career, it can also be a dangerous one. The construction industry has one of the highest rates of worker injuries and death. If you have been injured in a construction accident, a Santa Clara County workers’ compensation lawyer can help you get the workers’ compensation benefits you may be entitled to.
High Injury Rate
According to the Occupational Safety & Health Administration (OSHA), 1 in 10 construction workers sustain work-related injuries each year. Fall hazards are the leading cause of these injuries. Many construction site accidents are the result of the employer failing to provide the proper safety equipment and/or safety training that is necessary to keep workers safe.
OSHA Issues Updated COVID-19 Guidance for the Workplace
On Friday, August 13, the Occupational Safety & Health Administration (OSHA) issued updated guidance for employers in order to help protect workers from COVID-19. The updated guidance was issued due to recent developments with the virus, as well as the latest information and guidance issued by the Centers for Disease Control and Prevention (CDC) in July.
Updated Guidance and the Delta Variant
During the first six months of this year, as the COVID-19 vaccines became available to more people, the number of COVID-19 workers’ compensation claims in California began to decrease. In June, the number of claims hit a 16-month low with just over 670 claims filed. However, in July, the number of claims spiked again, with more than 2,500 COVID-19 claims filed. This was almost equal to the total amount of claims filed in the state during the prior three months. It is estimated that when all valid claims for July are finally processed and approved, the total number will be closer to 4,000 claims for the month.
Outdoor Workers Face Injury Risks From California Wildfires and Smoke Exposure
In California, there have been 4,000 wildfire incidents so far this year. One of those fires, the Dixie fire, has been classified as the largest single wildfire in California’s history, burning for the past 26 days and already destroying almost 500,000 acres of property. As of this writing, the fire has been only 22 percent contained.
These wildfires put firefighters and other emergency workers at high risk of being seriously injured or killed, but the effects on California workers may be even more widespread. The state recently issued a warning to all California employers of the risk any employees who work outdoors may also be facing. If you develop an injury due to exposure to smoke, fire, or poor air quality in the course of your work, you may be entitled to workers’ compensation.
Will Workers’ Comp Cover Reactions to Employer-Mandated COVID-19 Vaccines?
While the arrival of the COVID-19 vaccines was looked at with relief by many in the U.S., almost as many voiced their opposition to getting the vaccine. Like many issues, the debate has caused a significant divide between the two groups. As the vaccines became more widely available, many people who wanted the vaccine got it. Recently, however, there has been a slowdown in the number of people who are getting vaccinated, and this has led some employers to issue mandatory vaccine policies. One question raised by these mandates is whether employees will qualify for workers' compensation benefits if they have adverse reactions to the shot.
Side-Effects of the Vaccine
There are currently three different COVID-19 vaccines being offered to the public. The Moderna vaccine is a messenger RNA (mRNA) vaccine and can be given to adults 18 years and older. Two shots are given, spaced 28 days apart. The Pfizer-BioNTech is also an mRNA vaccine and is available to anyone 12 years old and up. Two shots are given, 21 days apart. The Johnson & Johnson/Janssen vaccine is a viral vector one-shot vaccine and is available to adults 18 years and older.
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Your Recovery.
If you are facing challenges with a workers’ compensation claim, reach out to Raul Martinez Injury Law Firm today. You will receive clear guidance, steady support, and an advocate who understands how much this moment matters. Call 408-848-1113 to get the help you need.
