Chula Vista California Workers' Compensation Law Blog

Yosemite National Park in Central California is known for its magnificent waterfalls, but almost 200 recent visitors to the park will remember it for another reason. Many employees and visitors who spent time in the park in early January suffered personal injury when they contracted a gastrointestinal illness. Park officials say most of the victims reported symptoms suggesting norovirus, and some of those who became ill were diagnosed with the virus.

Investigations to identify the source of this highly infectious virus is ongoing. Norovirus can spread rapidly in various ways. Consuming food or beverages prepared by an infected person is one way of spreading the virus, but touching contaminated surfaces or direct contact with someone who is already infected can also cause infection. The symptoms typically appear 12 to 48 hours after the victim was exposed.

Workers in a variety of occupations in California are candidates for sleep disorders caused by shift work. While workers' compensation might not cover the disorder as such, workplace injuries and certain illnesses that could be caused by the lack of sufficient sleep will likely be covered. Workers who are at risk include police officers, firefighters, paramedics, nurses, doctors, office cleaners and factory workers.

Shift work, both permanent and on a rotation basis, can leave workers in a permanent state of fatigue and sleepiness. Statistics show that shift work disorder can lead to higher rates of injuries and absenteeism. In many cases, shift work affects the worker's ability to focus and can impair his or her memory, increasing the risks for injuries.

Safety authorities in California and elsewhere point to the fact that scaffold-related violations dropped from number one to number three on the list of most frequently cited safety violations. However, it remains at number three, which is still concerning. They say the number of workers' compensation claims for falls from scaffolds can be significantly reduced if employers provide adequate safety training and frequent refresher sessions to prevent complacency. That requires a competent person on site who can not only assess the safety of scaffold structures but also provide the necessary training.

Safety standards require all workers on scaffolds to have fall protection if they are at levels higher than 10 feet above lower levels, and they must provide safe means of access whenever platforms are two feet or more below or above access points. Climbing cross braces pose significant risks, and jumping from levels higher than two feet can lead to knee and ankle injuries. Hook-on or portable ladders, ramps, personnel hoists, or other safe scaffold access must be provided.

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.