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Recent Posts in Workers Compensation Category

  • I Was Injured at Work During a Probationary Period — Am I Entitled to Workers’ Compensation Benefits?

    Starting a new job is an exciting time, but in some roles, recently-hired employees are not entitled to some of the same benefits as their coworkers. During a “probationary period” — typically the first 30, 60, or 90 days of employment — a worker may not be considered “fully” employed. This status denies new employees the right to receive some benefits, such as health insurance or vacation time. ...
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  • Can I Get Workers’ Compensation if the Injury was my Fault?

    Workers’ compensation insurance is a no-fault system that does not require a determination of liability in order to recover benefits. An employee who is injured on the job can usually receive funds from their company’s workers’ compensation insurance, regardless of whether or not their employer caused the accident. Many employees feel that they do not qualify for workers’ compensation benefits if ...
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  • Filing a Claim for a Death Caused by a Work-Related Incident

    It is an unfortunate fact that severe injury and death are occupational hazards in some industries. Equipment accidents, chemical exposure, and vehicle collisions are work-related conditions that can result in death. In these cases, the victim’s family members may be able to recover benefits through the employer’s workers’ compensation insurance policy. Who Qualifies for Workers’ Compensation ...
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  • Navigating a Workers’ Compensation Claim if You Have More Than One Job

    Workers’ compensation insurance provides benefits to employees who are injured on the job, so the injury victim is able to pay for their injury-related expenses and maintain a steady source of income while they are unable to work. The workers’ compensation system helps many people in situations that may have left them without financial support. If you have more than one job, you may wonder how ...
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  • What to Do if Your Workers’ Compensation Benefits are Incorrect or Late

    After you are injured on the job and begin receiving workers’ compensation benefits, you rely on those benefits to cover your injury-related expenses and provide a source of income when you are not able to work. If you receive a payment and it is not the correct amount, or do not get a payment when you should, it can understandably make you very worried. It is important to remain calm and follow ...
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  • Do I Still Get Workers' Compensation Benefits if my Workplace Goes Out of Business?

    When you successfully settle your workers’ compensation claim and begin receiving benefits, those benefits will likely be administered as periodic payments. Depending on the terms of your settlement, you may get checks until you recover, or continuously if you sustained a permanent disability. Once you begin receiving compensation, you should keep getting paid until an agreed-upon date that is ...
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  • How Your Benefits May Change if Your Work Injury Worsens

    Workers’ compensation benefits are issued based (partially) on the severity of an injury. Insurance providers and legal counsel evaluate the type of injury, its effect on the employee’s ability to work, and their projected recovery timeline to decide on how much the injured worker will receive, and for how long. However, medical conditions are rarely predictable — deciding on a compensation amount ...
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  • Employers’ Responsibilities When a Worker is Injured On the Job

    Workers’ compensation systems are in place to help injured employees recover when they are hurt on the job. To recover the benefits they are entitled to, an injured worker must follow certain procedures, such as reporting their injury and beginning the claims process. The responsibility of engaging in the workers’ compensation system doesn’t fall solely on the injury victim — employers have their ...
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  • Workplace Toxic Substances and Their Effects on Employee Health

    Workers’ compensation is typically associated with physical on-the-job injuries, but occupational disease is a major risk for many employees. Some workers are consistently exposed to toxic chemicals that, over time, can lead to the development of cancer and other life-threatening conditions. Asbestos Asbestos is a mineral that was present in a number of workplaces for much of the 19 th century. It ...
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  • Does Workers’ Compensation Insurance Cover Employees Who Travel?

    Many workers are required to travel as a part of their job description: Visiting other offices, attending conferences, or completing off-site work is a responsibility for a number of employees around the country. Unfortunately, on-the-job injuries can occur in these other work sites just as easily as they can happen at an employee’s daily place of business. In these cases, will workers’ ...
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  • Top 7 Questions After a Workplace Injury

    As dedicated workers’ compensation attorneys, we hear a lot of questions from clients about the process of filing a claim. Although virtually all work-related injuries are covered under California’s workers’ compensation laws, there are many myths floating around out there about this program — and how to begin the process of seeking your benefits. At Humphrey & Associates, we’re here to help. ...
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  • Why You Don't Need to Prove Fault for Workers' Compensation

    Workplace injuries can cause a lot of stress and suffering, and prevent you from getting back into your normal routine for a long time to come. That’s exactly why workers’ compensation laws were put in place: To protect workers from these situations, and ensure that they have adequate income for costly medical expenses and time off work. Unfortunately, many eligible workers incorrectly believe ...
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  • The Hidden Dangers of a Mild TBI

    A traumatic brain injury is caused as a result of a hit or blow to the head. Following a TBI, it is almost always required to seek immediate medical treatment as this type of injury severely disrupts normal brain function. Mild TBIs are erroneously left untreated as people mistakenly label them as minor and unimportant injuries which can go away on their own. However, there are hidden dangers to ...
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  • 5 Tips for Preventing Workplace Injuries

    Workplace injuries are best avoided in one way: prevention. Both employers and employees need to be aware of their responsibilities in the workplace in order to avoid the pain and suffering of an injury or accident. While our trusted workers’ compensation lawyers of Humphrey & Associates will do everything possible to help you following your injury, we don’t want you to be put this position at ...
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  • Can I Still Receive Workers’ Comp While On Vacation?

    After working hard day in and day out, everyone deserves a vacation from time to time. This also applies to those who have suffered workplace injuries and are currently at home recovering. But, can a person on workers’ compensation go on vacation? The answer is absolutely you can. Just because you are hurt doesn’t mean you can have fun and enjoy your life. However, there are certain things you ...
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  • Can I Receive Workers’ Comp if I Got Hurt During My Commute?

    When you suffer an injury while performing job-related duties, you may be eligible for workers’ compensation benefits which covers your medical expenses and lost wages for any missed work time. However, is your morning or evening commute considered part of your work injuries? Unfortunately, if you get hurt during your commute, you will generally not be eligible for benefits. According to the ...
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  • Where to Seek Treatment After Being Injured on the Job

    Where Should I Go to Receive Treatment After a Work Injury? Sometimes workplace injuries create an urgent need for immediate medical attention, which doesn’t give you much time to deliberate about where to go. Under such circumstances, you must always go to the nearest emergency care facility. However, if your emergency doesn’t require emergency intervention, you must closely adhere to California ...
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  • Can I Receive Workers’ Compensation for Multiple Injuries?

    Many employees mistakenly believe that workers’ compensation claims can only come from single traumatic accidents in the workplace. However, given that many workers experience multiple injuries due to repeated harm and stress, workers’ compensation can sometimes be awarded for employees who develop various painful issues over time. Pursuing Workers’ Compensation for Cumulative Trauma Disorder ...
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  • List of Work-Related Fatalities in California in 2017

    Fatal Accidents Among Workers in California in 2017 Unfortunately, workers in the state of California experienced approximately 25 work-related deaths last year. These deaths occurred for reasons ranging from criminal activity at the work site to freak accidents and heavy machinery. In 2017, deaths among workers were as follows: Death due to falling tree limb Death due to fatal crushing by tractor ...
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  • Can I File a Workers' Comp Claim After Being Let Go?

    You may be able to file a claim for workers’ compensation benefits after being terminated. However, you may experience some difficulty getting a former employer’s insurer to give you the compensation you deserve. Here’s what you need to know. How to File a Workers’ Compensation Claim After Being Fired Receiving workers’ compensation benefits after being fired takes a little more effort than injury ...
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  • What to Do if Your Boss Fires You Because of an Injury

    Sometimes employers act out of line when terminating an employee. California being an at-will employment state, your employer technically does not have to offer an official reason for firing you. However, you may have reason to believe that your recent work-related injury is a factor in their decision to let you go. If so, the best thing you can do is secure strong legal representation right away. ...
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  • Can I Get Workers’ Comp for PTSD?

    Workers’ Compensation and Mental Illness Mental health conditions are recognized as legitimate injuries. You may be able to recover workers’ compensation benefits if you have developed a mental health condition as a result of your work environment, job-related responsibilities, or a harmful workplace incident. Should this happen to you, you must take action right away by talking to your physician ...
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  • Workers’ Compensation for Eye Strain

    Eye strain is common in workplaces and industries where employees spend a large portion of their time using computers. Sometimes eye strain can become so severe that employees suffer permanent eye damage, resulting in the need for surgeries, expensive lenses, and other costly treatments. It can also lead to a decreased ability to meet the demands of a given job if it prevents an injured employee ...
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  • When Mental Illness Merits Workers’ Compensation Benefits

    Can I Get Workers’ Comp for Mental Health Problems? Yes. However, it tends to be more difficult to recover workers’ compensation for psychiatric injuries than for physical injuries because the burden of proof is different. According to the California Labor Code § 3208.3 (2018), there are a few things you must prove when filing a workers’ compensation claim for a psychological issue, including: You ...
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  • Do You Have Computer Vision Syndrome?

    “White Collar Injuries” Still Merit Workers’ Compensation Coverage When many people think of workplace injuries, they think of disastrous construction accidents, slips and falls, and other incidents that occur at a single point in time. However, people who work in offices, behind computers, or at desks are also at risk of developing job-related aches and pains known as white collar workplace ...
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