Blog Large Image - San Diego Work Injury Lawyers

California workers compensation vs disability

California Workers’ Compensation Benefits vs California Disability Benefits

California workers’ compensation and disability benefits are two different types of benefits available to workers who are unable to work due to an injury or illness. Often times injured workers confuse these two California benefits and place them in the same category. We are here to let you to know that there is a difference.

We put together a short list of the main differences between workers’ compensation benefits and disability benefits in California.

Eligibility

Workers’ compensation benefits are available to employees who are injured on the job. They are also available to employees who develop an occupational illness due to their work.

Disability benefits, on the other hand, are available to workers who are unable to work due to an injury or illness that is not work-related.

Coverage

Workers’ compensation benefits cover medical expenses, lost wages, and disability payments for temporary or permanent disabilities related to a work injury or illness. They can also cover death benefits if death occurs due to their work.

Disability benefits cover lost wages and some medical expenses for non-work-related disabilities.

Application Process

To apply for workers’ compensation benefits, the injured worker must notify their employer of the injury, fill out a claim form, and provide medical evidence to support their claim.

Disability benefits are administered by the state of California and require the worker to apply through the state’s Employment Development Department.

Benefit Amount

Workers’ compensation benefits typically pay two-thirds of the worker’s average weekly wage, up to a maximum amount set by law.

Disability benefits pay a percentage of the worker’s earnings, up to a maximum amount set by law.

Conclusion

In conclusion, workers’ compensation benefits are available to employees who are injured or become ill on the job, while disability benefits are available to workers who become disabled due to a non-work-related injury or illness.

Both programs provide financial support to help workers cover medical expenses and lost wages, but the eligibility requirements and application processes differ.

If you need help determining which benefits you should be receiving contact Navarro Law Firm at (619) 640-9200, or fill out our free consultation form. We’ve been helping people in and around San Diego for over 30 years.

COVID-19 Workers’ Compensation Coverage in California

During these unprecedented times several questions have come up throughout our law firm regarding COVID-19 in the workplace. It is unfortunate COVID-19 took our country by surprise, however with a little bit of knowledge and general facts we can try to help give you some peace of mind as we navigate through these trying times.

When it comes to the correlation of workers’ compensation and the novel Coronavirus known as COVID-19, Navarro Law Firm has your questions covered!

For general information regarding COVID-19 and workers’ compensation see below.

If you are unable to do your usual job because you were exposed to and contracted COVID-19 during the regular course of your work, you may be eligible for workers’ compensation benefits.
Benefits include temporary disability (TD) payments, which begin when your doctor says you can’t do your usual work for more than three days or you are hospitalized overnight. You may be entitled to TD for up to 104 weeks. TD stops when you return to work, your doctor releases you for work, or your doctor says your illness has improved as much as it’s going to.
TD generally pays two-thirds of the gross wages you lose while you are recovering from a work-related illness or injury, up to maximum weekly amount set by law.
In addition, eligible employees are entitled to medical treatment and additional payments if a doctor determines you suffered a permanent disability because of the illness.
Essential employees, such as healthcare workers, grocery store checkers, and public safety employees, are at greater risk for exposure and contracting COVID-19.

Do you need more information or legal guidance regarding COVID-19 workers’ compensation claims? Contact us immediately using the form below for a free consultation.

Error: Contact form not found.

Are Workers’ Compensation Benefits Taxable?

New federal tax laws will make you a bit weary when it comes to filing your taxes. Fortunately for the average taxpayer there won’t be a huge effect. But, it’s always a good idea to double check your status and keep up with new laws.

If you’re the average tax payer and receiving workers’ compensation in California, you might be asking yourself, “Do I have to pay taxes on workers’ compensation benefits?”

For most receivers of workers’ comp benefits the answer is no.

Luckily, the Internal Revenue Service (IRS) gives the majority of people in your situation a much-needed break. Benefits received remain non-taxable, however, if you are receiving benefits there are a few exceptions.

When are Workers’ Compensation Benefits Taxable?

There are some exceptions to the rule. You have to pay taxes on workers’ compensation benefits if you also received the following:

Social Security Disability Insurance (SSDI)
Supplemental Security Income (SSI)

People who receive one of the benefits above plus workers’ compensation will be subject to a tax. Generally taxation will not apply for all income received for that tax year. It should only apply to a portion of money if workers’ comp and SSDI income exceed 80% of your pre-injury income. Fortunately this does not happen often.

There are other rare instances where taxes and workers’ compensation come into play.

You received a settlement along with interest payments caused by an insurance delay. Taxes will be applied to the interest payments.
If you retired as a result of an illness or injury that leads to a workers’ compensation claim, your additional retirement benefits will still be subject to it’s regular tax.
If you’re a surviving member of a deceased worker and receiving death benefits through workers’ compensation, you do not have to pay taxes on that amount.

Different situations may arise when tax season comes around. It’s always a good idea to keep up with the latest tax news and laws. Know your situation and don’t wait until the last minute to file your taxes. If you have any questions about work injuries, don’t hesitate to contact us.

California State Bar Certified Workers’ Compensation Specialist Raymond J. Navarro

Becoming a California State Bar Certified Workers’ Compensation Specialist is no small feat. Raymond J. Navarro is one of only a handful of attorneys in San Diego who can call themselves a certified specialist in workers’ compensation law.

Common Occupational Illnesses in the Workplace

Occupational illnesses occur when an event or exposure occurs in the workplace, resulting in the development or worsening of a medical condition. An occupational illness differs from a workplace injury but is still eligible for workers’ compensation insurance. Nobody plans on getting injured at their workplace, but remember accidents happen! There are occupations where workers are more prone to an Occupational Injury. Occupational Illnesses on the other hand, can occur in an everyday office environment and where you’d least expect it.

An illness which occurs at your job should be reported and treated by a doctor immediately. According to documents from a hearing before the US House of Representatives Committee on Education and labor, as much as 69% of workplace injuries and illnesses are not reported.

Examples of Occupational Illnesses

There are numerous illnesses that can occur due to certain work environments. Don’t let a work injury or work illness go unreported. Report it immediately to your employer and fill out a DWC-1 claim form. If you’re not sure the work illness should be reported, below are some examples of occupational illnesses.

Respiratory Illnesses

Asthma (most common)
Mesothelioma
Pneumonia
Tuberculosis
Silicosis
Pharyngitis
Chronic obstructive pulmonary disease (COPD)

Carpal Tunnel

A condition that often occurs in workers who complete repeated tasks using their wrists; such as writing or typing. Carpal tunnel is one of the most-common office injuries and can often return after treatment.

Skin Disease

Consistently exposing your skin to the sun while working can cause serious damage and disease. Construction workers and lifeguards are just two of many occupations that can do this. Working with chemicals in manufacturing plants or cleaners expose your skin to harmful chemicals that can lead to some of the following:

Eczema
Skin cancer
Skin infections
Contact dermatitis
Rashes
Ulcers
Skin inflammation
Burns

Hearing Loss

Jobs that involve heavy and loud machinery can lead to small or even large amounts of hearing loss over time. Farming equipment, construction, airports and even music venues.

Overexertion

This doesn’t only apply to heat illnesses. Overexertion is one of the most common workplace illnesses and can include the following:

Hernias
Strains
Sprains
Joint injuries
Shoulder and back injuries
Death

What to do next?

Workplace injury or illness can occur over time, but can also occur without notice. If you or a family member suffer a workplace illness it is very important that you report the situation to your employer. Maximizing your benefits from your employer is imperative to your recovery should the illness occur at work.

Maximize Benefits

Raymond J. Navarro has over 25 years of California workers compensation law experience. Located in San Diego, contact Raymond for a free consultation.

Heat Illnesses in the Workplace and What You Need to Know

California is known for constant sunshine and miles of beautiful coastline. If your job requires you to work outside during summer months, California’s constant sunshine can become cruel and unusually too hot to handle. Exposing yourself to extreme heat for hours at a time can lead to various heat-related illnesses. Injuries sustained from occupational heat exposure fall into workers’ compensation. If you, the injured worker, sustains a heat illness in the workplace you’re entitled to workers’ compensation benefits.

What is a Heat Illness?

Heat illnesses include heat rash, heat cramps, heat exhaustion and heat stroke.

Heat Rash is a skin irritation that can develop when you’re exposed to hot, humid temperatures. It develops when pores become blocked and sweat can’t escape.
Heat Cramps are muscle spasms that result from loss of large amount of salt and water. Cramping can occur in the abdomen, arms and calves.
Heat Exhaustion involves headaches, nausea and major dehydration.
Heat Stroke is a severe heat illness and should be treated immediately. Symptoms include confusion, loss of consciousness, and seizures.

What type of occupations demand work in hot environments?

Per OSHA, industry-specific resources are available for outside occupations such as

agriculture
construction
oil and gas
military
emergency response providers + more

Inside occupations include:

brick manufacturers
ceramic manufacturers
glass manufacturers
electrical utilities
commercial kitchens
chemical plants + more

Does California have specific laws to address heat illness in the workplace?

California has specific laws to address Heat Illness in the workplace. It is Regulation Section 3395. This provides for Heat Illness prevention for outdoor places of employment. This applies to (A) Agriculture; (B) Construction; (C) Landscaping; (D) Oil and Gas extraction; (E) Transportation or delivery of agricultural products, construction materials or other heavy materials (e.g. furniture, lumber, freight, cargo, cabinets, industrial or commercial materials), except for employment that consists of operating an air-conditioned vehicle and does not include loading or unloading.

California Law defines “Heat Illness” as “a serious medical condition resulting from the body’s inability to cope with a particular heat load, including heat cramps, heat exhaustion, heat syncope and heat stroke.”

Where can I obtain legal advice for heat-related injuries in the workplace?

Schedule a free consultation with Raymond J. Navarro of Navarro Law Firm San Diego. Raymond has over 25 years experience in California workers’ compensation claims and has helped injured workers maximize their benefits.

10 Facts About California Workers’ Compensation

[cs_content][cs_element_section _id=”1″ ][cs_element_row _id=”2″ ][cs_element_column _id=”3″ ][cs_element_text _id=”4″ ][/cs_element_column][/cs_element_row][cs_element_row _id=”10″ ][cs_element_column _id=”11″ ][cs_element_text _id=”12″ ][x_creative_cta padding=”25px 25px 25px 25px” text=”Want to Learn More?<br>Contact Us Now!” font_size=”36px” icon=”arrow-circle-right” icon_size=”48px” animation=”slide-top” link=”/contact” color=”” bg_color=”hsl(28, 100%, 50%)” bg_color_hover=”hsl(129, 88%, 50%)”][/cs_element_column][/cs_element_row][/cs_element_section][/cs_content]

Injured at Work? 6 FAQ’s About Workers’ Compensation

[cs_content][cs_element_section _id=”1″ ][cs_element_row _id=”2″ ][cs_element_column _id=”3″ ][cs_element_text _id=”4″ ][/cs_element_column][/cs_element_row][/cs_element_section][cs_element_section _id=”10″ ][cs_element_row _id=”11″ ][cs_element_column _id=”12″ ][x_creative_cta padding=”20px 20px 20px 20px” text=”More Questions?<br>Get Help Now!” font_size=”36px” icon=”mail-forward” icon_size=”48px” animation=”slide-left” link=”/contact” color=”” bg_color=”hsl(9, 87%, 53%)” bg_color_hover=”hsl(119, 74%, 62%)”][/cs_element_column][/cs_element_row][/cs_element_section][/cs_content]

Introduction of Raymond Navarro, Esq.

Raymond Navarro was kind enough to put together a short introduction video inside of his Mission Valley, San Diego office. Please watch the video above to obtain a brief overview about workers’ compensation. Below are a few key details about Mr. Navarro including education, experience, associations and awards.

Education

University of San Francisco School of Law, Juris Doctor, 1987
University of California – Los Angeles, Psychology and Political Science, Bachelor of Arts, 1983

Experience

Senior Attorney Navarro Law Firm – San Diego, Ca, 1991 – Present

Associations

State Bar of California Member, 1991 – Present

Awards

AV Rated, Martindale-Hubbell, 2015
Certified Specialist – Workers’ Compensation Law, State Bar of California, 2001

Welcome to Navarro Law Firm San Diego Work Injury Lawyer

Welcome to the brand new website of Navarro Law Firm from San Diego, California. Raymond J. Navarro offers 25 years of experience in California Workers’ Comp law. Raymond’s experienced legal guidance has helped many succeed in receiving their maximum workers comp benefits.

Mr. Navarro ensures that every possible effort is made to empower his clients to reach maximum recovery from their injuries – medically and financially. As a specialized work injury attorney, he takes the necessary steps so you, or somebody you know, can adequately provide for family and loved ones.

After your Free Consultation you’ll open your case with the firm. From day one, Mr. Navarro will fight for your necessary medical care, compensation for lost wages, permanent disability compensation, future medical treatment, and even vocational rehabilitation services that can assure a pre-injury standard of living.

Navarro Law Firm is dedicated to a clients’ medical and financial recovery by listening and carrying out the process with experienced fortitude.

Remember, workers have rights! Navarro Law Firm can help you protect them.

Previous page 1 2