A common injury in workers’ compensation is a “trip and fall” or even a “fall” injuring oneself. There are many occasions upon which an Employee who sustains a “trip and fall” injury can claim workers’ compensation benefits. In fact, falls, without a trip or a slip, which result in injury, may also give rise to a workers’ compensation claim and an entitlement to workers’ compensation benefits.
California Workers’ Compensation Law treats Psychiatric Injuries caused by Violent Events differently from other Psychiatric Injuries. This article will explain the differences. If a Psychiatric Injury is caused by a Violent Event, the causation threshold for proving an injury is lowered. This means that it is easier to qualify to attain it. For ordinary Psychiatric Injury cases, the Injured Worker must prove that the injury was predominantly (50% plus) caused by the actual events at work. For Violent Events, the causation standard is lowered to a substantial cause. This means at least 35 to 40 percent. See Labor Code Section 3208.3.
Is Stress a Claim for a Workers’ Compensation Injury?
No. Stress is causative factor of an injury. Stress is not an injury in and of itself. Stress is the body’s reaction to stimulus. Stress is not a body part. Stress is a condition that impacts various parts of the body and body systems.
The time of day that you work can have an impact on your health. There are many workers who work either rotating shifts or night/graveyard shifts. Workers who have spent sustained periods at these shifts may develop a variety of medical problems. These problems may be claimed as the basis for a workers’ compensation claim.
In California, Automobile Accidents happen frequently. Further, many workers use motor vehicles to both commute to work, to travel as part of their jobs to various locations, and employ them during their break times, i.e. lunch. Accidents that occur during these events may be considered as industrial and entitle the Injured Worker to obtain workers’ compensation benefits and protections. In a California Highway Patrol Report, in the year 2014, there were 3,126 persons killed, 230,904 persons injured, 2,882 fatal collisions, and 162,742 injury collisions that occured in California as a result of motor vehicle accidents. A considerable amount of these accidents were work-related.