Almost everyone will work for the majority of their lifetime. Even if you have a desk job or are in a profession that doesn't seem particularly dangerous, injuries can (and do) still happen.
Certainly, the type of injury you're likely to experience at a more sedentary job is different from the types of injuries that happen to construction workers, truck drivers, roofers, or others in high-risk jobs, but there are no guarantees of a hazard-free workplace.
In fact, the Centers for Disease Control and Prevention (CDC) says that the most common office accidents are slip and falls, which are also the most disabling injuries.
Even though injuries are common in traditionally "non-hazardous" workplaces, fatalities aren't. The Bureau of Labor Statistics identifies construction, transportation and warehousing, and agriculture (including forestry, fishing, and hunting) as the 3 industries with the highest fatality rates.
This article explores the most dangerous professions, the California workers' compensation system, and how to obtain benefits for a work-related injury or illness.
The most common work-related injuries include falls resulting from:
Another cause of injury is lifting — even if you're lifting small loads like a stack of file folders, reams of paper, or a computer monitor.
A messy or poorly organized office can be a dangerous workplace environment. People bump into desks, doors, file cabinets, office equipment, or even other people. They also can be injured when items fall from shelves, cabinets tip if not properly balanced, or a door opens suddenly.
Of course, if an accident like this does occur, it doesn't necessarily mean the office was messy or disorganized — many people spend as much time in their office space as they do at home, and accidents are bound to happen.
Other injuries happen without a specific accident or incident. Musculoskeletal problems like carpal tunnel syndrome and other neck and back injuries can happen gradually, and they're often related to your position relative to your work station, repetitive motions, or other situational causes.
|Work-related fatality statistics in California (2017)|
|Violence and injuries by people or animals||66|
|Fires and explosions||4|
|Falls, slips and trips||82|
|Exposure to substances or environments||29|
|Contact with objects and equipment||52|
|Non-fatal work-related accident statistics in California (2017)
(based on number per 100 full-time equivalent workers)²
|Psychiatric and substance abuse hospitals||15.0|
|Museums, historical sites, and similar institutions||14.4|
|Performing arts, spectator sports, and related industries||11.8|
Workers' compensation is insurance provided by your employer to cover your medical costs and lost wages if you suffer a work-related injury. Every California business with at least 1 employee is required to carry coverage.
Workers' compensation benefits both you and your employer.
Workers' compensation benefits can include:
If you were injured at work, you must notify your supervisor as soon as possible. If your injury is the result of repeated exposure or developed gradually, you must notify your employer as soon as you become aware that your condition is work-related.You might lose your right to receive workers' compensation benefits if you don't report the injury within 30 days.
When you seek medical treatment for an injury or illness, it's important to tell your doctor that it's work-related. It will be essential that this is documented in your medical records.
Once you've notified your employer about the injury, they're required to provide you with a claim form within 24 hours that you must return to them with your portion completed.
Always keep a copy of every form submission, and keep a record of when and how you provided it to your employer. (If you sent it by mail, use certified mail so you have a return receipt and proof of delivery). It's the employer's responsibility to complete the form and submit the claim to the insurance company, along with returning one copy to you. If your employer doesn't comply, you must submit the form yourself.
The insurance company must mail you a letter within 14 days that informs you of the status of your claim.
Workers’ compensation fraud involves someone making a false statement in order to benefit financially from workers’ compensation insurance.
Workers’ compensation fraud can be committed by an employee or an employer. Here are some common examples of workers’ compensation fraud:
Workers’ compensation fraud is punishable as a misdemeanor or felony depending on your criminal history and the egregiousness of the fraud.
|California workers’ compensation fraud penalties|
|Fine||Restitution and a fine up to $150,00 or double the amount of the fraud, whichever is greater||Restitution and a fine up to $150,00 or double the amount of the fraud, whichever is greater|
|Probation||Informal probation||Formal probation|
|Jail||Up to 1 year in county jail||Up to 5 years in county jail|
Whether or not you need a lawyer depends on how smoothly your claim is resolved. If your claim is accepted and the payments or settlement offer are satisfactory, you likely don't need to go any further. If your claim is denied, though, it means the claims administrator doesn't think your injury is covered under workers' compensation. If that happens, you can file an application to have your case heard by a judge.
If the judge is willing to hear your case, you'll first attend a mandatory settlement conference, which is between you, the claims administrator, the judge, and any involved attorneys. At this point, it's advisable to have your own workers' compensation attorney.
You might be at a disadvantage if you appear at a hearing without a lawyer. That's because the claims administrator, their attorney, and the judge, all have a level of expertise on workers' compensation benefits and settlements. They know "the system" inside and out, and they've likely handled hundreds of claims.
There could be elements in a settlement related to your Social Security, future disability payments, and other things, and you don't want to jeopardize any of it because you're not as familiar with how it all works. Your lawyer is trained and experienced to handle the "fine print" in a workers' compensation claim, and it's their role to advocate for your rights.
The workers' compensation system is designed to provide a remedy for a person who suffers a work-related injury, but also to protect employers against lengthy and costly litigation. In most circumstances, workers' compensation benefits are the only financial recovery you can receive.
But there are some limited situations when a personal injury lawsuit is necessary and allowed. We've already said that workers' compensation insurance is, by definition, no-fault coverage. But what if there is fault or liability by a third party?
There could be a situation when your injury is caused by a defect or negligence on the part of someone who's not your employer or a coworker.
In each of these examples, the injury was caused by the negligence of a third-party that doesn't work for your employer. A personal injury lawsuit in each of these scenarios would be a way to recover non-economic damages that aren't included in workers' compensation benefits.
A personal injury lawyer can evaluate your claim to determine whether there's a negligence case or if you're limited to workers' compensation benefits for your injury.
If your injury happened in the workplace during work hours, it's work-related for the purposes of workers' compensation benefits. The exceptions to this would be if you were under the influence of drugs or alcohol, or participating in some other illegal activity when you were injured.
That's a little trickier.
Your commute in your personal vehicle isn't covered by workers' compensation, so if you're injured on your way to or from work, you'd handle it like a regular car accident personal injury claim.
Your lunch and other breaks are also not covered when you leave the premises.
But if your job requires you to drive to other locations, attend off-site meetings, or if you need to travel on a work-related errand, workers' compensation insurance covers you during those activities, both during transportation and while off-site.
Anything that falls within your job description, assigned tasks, or is requested by your supervisor or manager is considered "work-related."
An independent contractor is not eligible for workers' compensation coverage in California.
However, working under an independent contractor agreement or contract doesn't mean that the Labor Code views you as such for the purposes of workers' compensation.
The test to determine whether someone is an independent contractor is typically reviewed on a case-by-case basis, but determining factors include:
These factors all matter for making a decision for whether someone is an independent contractor, but there's not a specific test to determine eligibility.
Workers' compensation is complicated, there's no question about it. But it exists so that you can get the financial recovery you need and deserve if you're injured at work. A California workers' compensation lawyer is only a click away. Talk to an attorney who is competent, knowledgeable, and experienced with the nuances of labor and insurance laws, and they'll work to get your benefits covered.
¹ Albert Einstein College of Medicine, Environmental Health and Safety
² U.S. Department of Labor Bureau of Labor Statistics, State Occupational Injuries, Illnesses, and Fatalities