The Sexton Law Firm

Contact Us For A Free Initial Consultation |Se Habla EspaƱol

Mobile

619-678-1833

Text Us Now

Chula Vista California Workers' Compensation Law Blog

How many workers' compensation claims will follow holiday sales?

With the frantic pace of holiday shopping, workers in various occupations across California will face higher injury risks than at other times of the year. Retail and wholesale workers, including those in warehouses and fulfillment centers, and transportation workers will be at risk. Many of them may need to file workers' compensation claims during or in the aftermath of the holiday shopping season.

The National Institute for Occupational Safety and Health and other safety authoritiehave urged employers not to lose sight of the fact that many seasonal workers are inexperienced. Without adequate safety training and supervision, preventable injuries, and even deaths, can occur. Along with the risks posed by their specific tasks and duties, seasonal workers must learn how to manage crowds of shoppers.

Workers' compensation: Lead exposure can cause irreparable harm

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.

Forestry is a 4-D job -- dirty, difficult, dangerous and deadly

Forestry is one of the most dangerous industries in California. If this is how you earn your living, compliance with safety standards is crucial. Along with proper safety training, supervision, and providing the necessary safety equipment, there is not much more your employer can do to keep you safe.

Your part in staying safe as a logger involves complying with safety protocols, looking out for yourself and your co-workers, and never becoming complacent. Too many lives are lost in this industry because workers who have labored in the forests for years without adverse incidents think they are invincible and that all their experience would keep them safe.

Do you know about the hidden hazards of farm work?

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.

Workers' compensation: Lead exposure can cause irreparable harm

Many California workers are exposed to dangerous levels of lead, often without their knowledge. A new law was recently signed 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 new 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.

Personal injury: Fatal workplace injury leads to civil lawsuit

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.

Workers' compensation: 40-foot fall kills California ironworker

In what must have been a traumatic experience, teachers, school staff and co-workers recently an ironworker fall 40 feet to his death. The incident occurred on a construction site at a high school in San Diego. The California Division of Occupational Safety and Health has launched an investigation. Falls form a significant percentage of the death benefits claims that are filed in California each year.

According to an incident report, the 30-year-old ironworker from Bakersfield was working on a beam that was attached to a platform, 30 feet above ground level. At approximately 2 p.m., one of the beams that the worker was connecting fell, and he was knocked down. He was rushed to a hospital but succumbed to the injuries he suffered.

Shopping injuries can be quite dangerous

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.

Workers' compensation: The hazards faced by retail store workers

Workers in retail stores nationwide, including California, face many more safety hazards than most people would expect. Many workers' compensation claims filed each year involve injuries suffered by employees of retail stores. The risks they face were recently underscored by an $898,682 fine proposed by the Occupational Safety and Health Administration concerning four different Dollar Tree Stores in another state.

Reportedly, inspectors determined that employers in these stores knowingly exposed workers to safety hazards, despite previous citations for the same violations. OSHA says the investigations followed reports about inappropriately stacked boxes toppling over and falling onto an employee. The worker suffered injuries in that incident, and investigators say a similar incident occurred during an inspection at another Dollar Tree branch, with a worker barely escaping injury at that time.

Will your social media pages hurt your workers' comp claim?

Perhaps you are one of those people who use Facebook or other social media to express your daily frustrations at work, with traffic or anything that disrupts your day. On the other hand, you may see social media as a way to spread positive feelings, so you post only those events in your life that might inspire someone else.

No matter the role you see for social media, if you have recently filed or intend to file a workers' compensation claim, you may want to be cautious about what you post. As innocent as your comments or pictures may seem to you, your employer or the workers' comp insurer may interpret them differently.

Email Us For a Response

Contact Us For A Free
Initial Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Sexton Law Firm

Phone: 619-678-1833

Chula Vista Office
3130 Bonita Road Suite 104
Chula Vista, CA 91910

Phone: 619-678-1833
Map & Directions

Oceanside Office
2424 Vista Way #202
Oceanside, CA 92054

Phone: 760-919-4394
Oceanside Law Office Map

La Mesa Office
7777 Alvarado Road
#413
La Mesa, CA 91942

Map & Directions

review us