Chula Vista California Workers' Compensation Law Blog

Many California workers are exposed to dangerous levels of lead, often without their knowledge. A new law was recently enacted to provide protection. Elevated lead levels in a worker's blood can cause irreversible heart disease and neurological damage. The risk of permanent damage increases when exposure is prolonged, and this is where the new law comes in -- but how does workers' compensation treat occupational illnesses caused by lead exposure?

According to the law, exposed workers will be monitored, and timely action will be taken whenever overexposure or high lead levels are reported. According to the California Department of Public Health, 2017 data revealed that over 6,000 workers statewide were found to have elevated levels of lead in their blood. Typical consequences include kidney disease, hypertension, cognitive dysfunction and more.

It is almost impossible to prepare for all the safety hazards you will face as a farmworker in the San Diego area. While you might take the necessary precautions to prevent equipment injuries and you know to stay out of the sun to avoid heat illness, several environmental hazards could cause long-term or even life-threatening occupational diseases. Unfortunately, many employers in the agriculture industry fail to inform workers of the less obvious risks of their jobs.

The California Division of Occupational Safety and Health mandates that employers must provide safety training and personal protective equipment for all the known hazards that could come your way. If you do not receive the necessary safety training and PPE, you might benefit from looking out for yourself. Take note that many environmental dangers can cause illnesses that only become obvious after years of exposure.

Workplace injuries are typically covered by the California workers' compensation insurance system, which is a no-fault program. This means that, even if it was the worker's fault, he or she could file a workers' compensation benefits claim. However, if the gross negligence of an employer causes a severe injury or a worker's death, there might also be grounds for a personal injury or wrongful death lawsuit in a civil court.

One such case was recently filed in another state. After losing her husband in a construction site accident, the surviving wife filed a lawsuit against the employer. A front-end loader struck her husband while the driver was backing up. The worker died from crushing injuries. The employer challenges the claim, saying that a claim should be filed with workers' compensation instead.

When you go to a California grocery store to pick up food for dinner or you head to your favorite retail store to do some shopping, you probably don't feel like you are doing anything dangerous. In fact, you may not think you are at any kind of risk for an injury or an accident, but every day, people suffer physical harm while simply visiting a store. Injured shoppers can experience serious injuries, debilitating pain and expensive medical bills as a result of their shopping accidents.

If you suffered injuries while you were out shopping, do you know what is to blame? You may assume that your accident was the result of your own inattentiveness, but it is possible you are the victim of circumstances beyond your control. You may have grounds to pursue compensation through a personal injury claim.