Given the complexity of the law regarding psychiatric injuries, we recommend consulting with an experienced, knowledgeable Workers’ Compensation attorney, such as those of us at GEK, before filing a psychiatric injury claim. Finally, psychiatric injuries arising as a “compensable consequence” of a physical injury are covered by Workers’ Compensation (temporary disability and medical care), but in most cases the psychiatric permanent disability does not increase one’s overall percentage of disability. Also, most psychiatric injuries do not qualify for Workers’ Compensation unless there has been six months of total employment. Psychiatric injuries substantially caused by good faith personnel actions are not covered. The work injury must be the predominant cause of the injury in most cases.
However, certain psychiatric injuries don’t qualify for Workers’ Compensation under the California Labor Code. Such injuries can include psychiatric illness from an assault, post-traumatic stress disorder, sexual or other unlawful discrimination, brain damage, overwork/stress of the job, stress from co-employees, stress from physical injuries or other “actual events” of employment. Many psychiatric injuries are covered by Workers’ Compensation.
In some cases, the death occurs away from the workplace but may later be shown to be an industrial-related death. When work conditions cause or contribute to the cause of death by accidental injury, exposure or illness, including heart attack or stroke, a worker’s dependents may qualify for compensation. Injuries caused by falling on work premises, including sidewalks, floors, stairways or in parking lots. LegsĬonditions caused or aggravated by prolonged standing at work, such as phlebitis, knee or hip problems or varicose veins. Injuries caused by accidents during regular commuting generally are not covered, although there are multiple exceptions. Injuries occurring while driving between work sites, in route to training or work-related meetings, or performing work-related errands. Injuries from being struck, shot or physically attacked by co-workers or customers, or as the victim of a violent crime at work. For example, these sometimes occur with weight gain subsequent to a physical injury. Heart disease, hypertension or conditions that lead to strokes and other medical problems caused or aggravated by the job. Injuries such as hearing loss, allergic reaction, asthma, lung disease and cancer caused or aggravated by workplace conditions, including exposure to toxins such as gases, fluids, chemicals and molds. Communicable Diseasesĭiseases such as COVID-19, AIDS, hepatitis, TB or valley fever, if it can be proven that the infectious source was work-related. Injuries caused by repetitive physical trauma such as carpal tunnel syndrome or other injuries from prolonged standing, lifting or other work activities. Back and neck injuries also may be caused by cumulative trauma (see below). Injuries from lifting or moving heavy objects, or other activities during the course of performing work activities. Injuries and Illnesses Covered Back and Neck If you don’t know what to do if you’ve been injured on the job, it’s important to talk with a work-related injury attorney. Below is a list of representative accidents and health hazards the program encompasses. The Workers’ Compensation system was developed to cover a range of work-related injuries and illnesses. Injuries that qualify as “industrial” are categorized as specific, those that result from a specific event, or cumulative, trauma that occurs over time. The best way for those hurt on the job to receive the full range of benefits they are entitled to is to have an experienced Workers' Compensation attorney on their side.Ĭalifornia’s Workers’ Compensation laws provide injured workers with benefits designed to help them receive the medical treatment necessary to recover from the work-related injury or illness and partially replace lost wages. Those who are hurt at work may be unable to return to the job temporarily or permanently, and in most cases will need medical care. The danger exists even when the best risk management steps are taken. The same is true at construction sites, airports, warehouses and wherever you find first responders. Schools, hospitals, restaurants and grocery stores can be danger zones for workers.
On-the-job injuries in Southern California continue to occur at an alarming rate. Hurt on the Job? A Lawyer Can Provide Legal Assistance for Claims and Appeals
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