workers comp Archives - UELG https://www.california-labor-law-attorney.com/tag/workers-comp/ California Labor Law Attorney Mon, 25 Dec 2017 17:43:29 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg workers comp Archives - UELG https://www.california-labor-law-attorney.com/tag/workers-comp/ 32 32 Common Mistakes When Filing a Worker’s Compensation Claim https://www.california-labor-law-attorney.com/common-mistakes-filing-workers-compensation-claim/ Mon, 25 Dec 2017 17:43:29 +0000 https://www.paymeovertime.com/?p=1070 The biggest problem people face when filing worker’s compensation claims to receive benefits entitled is usually understanding and knowing the […]

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The biggest problem people face when filing worker’s compensation claims to receive benefits entitled is usually understanding and knowing the rules. Failure in complying could result in either minimum claim attained or completely denied.

Don’t let the following mistakes cost you a lot of money:

Assuming not to be entitled to a worker’s compensation- you do not have to ask yourself this question. If injured at the workplace, then you are entitled to worker’s completion act. It is, therefore, your right to claim compensation for your medical bills, without question.

Failure to report the accident- report the accident to your employer as soon as possible. It should be in writing or in person.

Failure to report to your doctor- all the details of the accident have to be on your doctor’s record. Any information absent will lead to denial of your claim. Don’t give them an excuse. A complete and accurate report is always necessary.

Failure to stay in contact with your employer- be available always for inquiries by your employer even when you do not work. Further information on your occupational injury may be required or you may be required to verify the information you already give.

Seeking coverage through a private health insurance- you should note that your health insurance covers medicals bills and also will not cover for on the job injury. But your worker plan covers all the costs associated with your injury or disability benefits.

Failure to claim due to no event caused the injury- do not assume, you may be eligible to get benefits as long as the injury was along the line of duty in your workplace.

The thought that pre-existing conditions will make you ineligible- as long as your pre-existing conditions are made worse by the injury, you are therefore eligible for benefits. The workplace injury has to be the reason for treatment in this scenario.

What if the employers seek to prove nothing has happened to me? Let this not be a question. To avoid paying for you they may try to prove that you are fine. In this case, it is nice to visit a trusted doctor and hire a worker’s compensation attorney. It is essential for financial help and also for your defense in court for the extremes.

Allowing the employer to “doctor shop”- they do not have the right to direct you to a specific doctor if they at all agree to pay. If they try to switch you to another doctor, you should consult a lawyer immediately.

Avoid costly mistakes and avoid delays by getting your work injury compensation filed correctly the first time.


Photo Credit: Shutterstock/wavebreakmedia

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Worker’s Compensation for Car Related Accidents https://www.california-labor-law-attorney.com/workers-compensation-car-related-accidents/ Mon, 13 Apr 2015 16:26:16 +0000 https://www.california-labor-law-attorney.com/?p=1120 Compensation to workers are provided for a lot of work related issues. These compensations help a worker in any kind […]

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Compensation to workers are provided for a lot of work related issues. These compensations help a worker in any kind of financial aid they may need. These compensations ensure that a worker is justified in receiving claims and insurances by the company or the employer. These compensations also help the worker to get back on track swiftly. There are a lot of car accidents each year. It is vital for a worker or an employee to understand what his/her options are when they are in a car accident while on duty or working for the employer. It is important for a person to know their legal rights in this scenario as car accidents can prove costly both in terms of health and finance.

Rules and clauses for receiving worker’s compensation and the means to go on about it

The rules and regulations for car related accidents while on the job are different state wise. However all laws state that you need to be on the job while the accident occurs. You cannot be driving for a personal cause while the accident occurs. If you are driving for a reason that includes working for the employer or other work related options that require you to be away from your office or work place, you can get worker’s compensation. This occurs in the situations where you may be running an errand or chore for the employer, you are making some sort of deliveries for the employer or the company, you are transporting another employee, if you are driving for a living, if you have no fixed office or workplace and have to drive for a living or if you are paid by your employer for your travel time. All these clauses typically means that you cannot claim worker’s compensation if you are driving or coming back home from office. However if you stopped midway to run some errand for the company or to pick some supplies and then got in to an accident, you may be eligible to receive compensation.

Worker’s compensation claims will only be entertained in a court of law if the worker can prove that the accident caused was due to the fault of the other driver. Also in a worker’s compensation claim, the person who was in the accident will only receive compensation for his/her medical bills and lost wages. He/she will not get any kind of remuneration for damage to property whatsoever. Property damage claims will be entertained in a civil claim and not a worker’s claim. It may be possible to combine both a worker’s claim and a civil claim in some cases. If the accident was due to the fault of the other driver, it may be possible to receive a civic claim.

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Workers Compensation for Telecommuters https://www.california-labor-law-attorney.com/workers-compensation-telecommuters/ Mon, 06 Apr 2015 15:55:31 +0000 https://www.california-labor-laws-attorneys.com/?p=1031 Are telecommuters covered under Workers Compensation? The answer is yes. An employee illness or injury is compensable under the workers’ […]

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Are telecommuters covered under Workers Compensation? The answer is yes. An employee illness or injury is compensable under the workers’ compensation in case it arises out of and while in the period of employment, no matter the location the injury takes place.

There’s no secret that people’s workplace is changing in this era. With Today’s technology employees can be able to work almost from anywhere yet simultaneously being connected all the time. For the case of telecommuting workers, this chance brings unprecedented act of freedom when it comes to choosing the environment and where exactly to work at, and a significant number are grabbing this advantage with both their arms.

For employers, there are important advantages also when you embrace the telecommuting working style. Allowing employees work from their home helps in:

• Attracting talent from a wide geographic area.

• Boosting worker retention.

• Lowering the fixed costs.

• Increase worker productivity.

Telecommuting can also cause challenges, including the one which a lot of employers normally don’t typically consider: this is the need for Workers’ Compensation insurance that will cover employees who work from their home or other locations external from the main firm.

While some workers might not refer telecommuters to have be a Workers’ Compensation cover, the truth is that a lot of employers act on blind faith on their employees’ work “stations”, especially when home offices. Most of the time they underestimate these employees’ exposure. There are numerous scenarios in which employers could be found liable for injuries that occur in or near a home office.

Qualifications for workers compensation for telecommuters

Generally, we have two criteria that ought to be met in order for an injury to be compensable under Workers’ Compensation laws. First, one’s injury must “come out” on one’s employment. The employee has to have been acting in his/hers employer’s interest at the time the injury occurred.

Secondly, the injury has to have occurred in the course of ones’ employment. It means that the injury must occur at the point where they may reasonably be at and was while the employee was doing his or assigned job.

For telecommuters, the legal question of whether an injury is compensable can be tricky. For example, if an employee is injured working from home typing, the injury is likely to be compensable. If they are injured while stepping away for coffee, it is unlikely to qualify for Workers’ Compensation benefits.

Certain scenarios are not likely to be considered compensable:

• An employee leaves the home office and is injured during a nonwork-related errand.

• An employee takes a break from work and gets hurt vacuuming the house or cleaning the garage.

• An employee who sets up a remote office in a local coffee shop goes shopping next door and is injured in a slip-an-fall accident.

Here are best practices for creating a buttoned-up work-from-home policy:

• Physically inspect the employee’s home office to make sure it is safe.

• Clearly define the physical boundaries of the home office. If the boundaries are not well-established, an employer might be liable for an injury that happens anywhere on the employee’s property. If the employee has a desk job and works at a computer most of the time, you don’t want to be liable for a mishap that occurs in the garage.

• Employers should set specific work hours and establish set breaks where possible. Without this policy, an employee could argue that an injury occurring at any time of day or night is work-related.

• Specifically describe the scope of the employee’s activities. This reduces the possibility a clerical employee could successfully present a claim for doing a physical activity while in the home. The policy should make it clear that activities falling outside the employee’s job description are not the employer’s responsibility.

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