Nobody wants to be injured on the job. In a Workers’ Compensation case, when you first get injured, the most important thing to do is to report your injury. Once you have reported it, you should ask to see a doctor, so you are on the right track in that regard. We still recommend, though, that you consult an attorney, especially since Valley Fever can be quite serious, involves different body systems and can require multiple specialists. When the medical treatment becomes more complex, an experienced attorney can help you navigate the thorny Workers’ Compensation system.
To answer your first question, you must show up to modified work that is being offered by your employer if it is within the work restrictions given to you by your treating doctor. This is one of the many frustrating aspects of the unfair Workers’ Compensation system, as some “modified duty” can be in a demeaning context. Even if the modified work being offered has nothing to do with your position, if it is within the restrictions, you have to show up to avoid losing potential benefits. You do receive your full hourly wage and benefits while working modified duty. Again, consulting with a lawyer is highly recommended; a lawyer can help you switch doctors if necessary, and advise you regarding additional benefits that may be owed to you.
Finally, you should consult a lawyer because you might have a Third Party case. If a company other than your employer is responsible for you contracting Valley Fever, you could have a civil Third Party lawsuit in addition to your Workers’ Compensation case. Third party lawsuits result in substantially more money than that in Workers’ Compensation cases, so don’t delay.
-Hillary Allyn, The Arns Law Firm, San Francisco, CA
Ask Hillary a question at This email address is being protected from spambots. You need JavaScript enabled to view it.
"Interaction via "Ask the Expert" does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results."
Hillary Allyn has a strong background in Workers' Compensation. She litigates cases involving construction injury, workers' compensation, personal injury, employment discrimination, and serious and willful employer misconduct.
Hillary was an extern to the Honorable Judge Teri Jackson at the San Francisco Superior Court. Her experience and her fluency in Spanish allow her to successfully represent our Spanish-speaking client base.
The short answer is YES – Many workers believe that workers' compensation laws only apply to specific-incident types of injury. This is not true – the law also applies to cumulative trauma ("CT") injuries, commonly known as "wear and tear" injuries. CT-injuries are entitled to the same exact benefits as specific-incident injuries, including temporary disability payments and medical care.
It is especially important for workers in the trades to understand because the heavy physical work frequently causes CT-injuries. Even some doctors do not understand this issue, and will tell a worker the injury is not work-related because it's due to "old age," "degeneration," or "arthritis."
CT claims are usually denied by the insurance company. But, an attorney can help you fight the insurance company and overturn the denial.
-Zachariah Hansen, The Arns Law Firm, San Francisco, CA
Ask Zachariah a question at This email address is being protected from spambots. You need JavaScript enabled to view it.
"Interaction via "Ask the Expert" does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results."
Zachariah Hansen has proven himself as an indefatigable litigator who has obtained outstanding results for the clients of The Arns Law Firm. Zach was actually a student in Bob Arns’ trial practice class at the University of San Francisco Law School for 3rd year law students. After the class was completed, Bob was so impressed with Zach’s ability, great heart for the cause, and calm demeanor in the heat of battle, he offered Zach a job. Zach has been dedicating his legal career to helping people who have been injured obtain the compensation they deserve.
Yes – if your employer offers you modified duty, you are generally required to show up and attempt to work, or risk losing your workers’ compensation money benefits. Your employer is still required to pay your full wage and benefits package while on modified duty. A failure to respond to your employer’s offer allows your employer to terminate you for job abandonment. If this happens, the workers’ compensation insurance company will also likely deny paying you benefits by claiming you were terminated “for cause.” Likewise, do not give your employer any other reason to terminate you “for cause.” Modified duty issues can easily become confusing though, so you should always consult a competent workers’ compensation attorney to fully understand your rights and obligations.
-Zachariah Hansen, The Arns Law Firm, San Francisco, CA
Ask Zachariah a question at This email address is being protected from spambots. You need JavaScript enabled to view it.
"Interaction via "Ask the Expert" does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results."
Zachariah Hansen has proven himself as an indefatigable litigator who has obtained outstanding results for the clients of The Arns Law Firm. Zach was actually a student in Bob Arns’ trial practice class at the University of San Francisco Law School for 3rd year law students. After the class was completed, Bob was so impressed with Zach’s ability, great heart for the cause, and calm demeanor in the heat of battle, he offered Zach a job. Zach has been dedicating his legal career to helping people who have been injured obtain the compensation they deserve.
Many workers in the building and construction trades experience this issue, and mistakenly believe that workers' compensation benefits are only available to workers that can point a finger at a specific moment in time that caused the injury. This is not true – workers in California are entitled to file workers' compensation claims for injuries that were caused by wear-and-tear damage, also known as cumulative trauma injuries.
Cumulative trauma injuries typically result from repetitive activities. Common examples include lifting and carrying heavy equipment over the course of a career, or prolonged use of equipment like a jackhammer or jumping jack compactor.
If you are unable to continue working in your trade due to damage sustained over the course of your career, you may be entitled to obtain workers' compensation benefits. The benefits available are no different between specific-type injuries and cumulative trauma injuries. However, cumulative trauma can be complicated to pursue, and for that reason you should consult with an attorney before filing a cumulative trauma claim on your own.
For additional advice as to what you should do in your specific situation, you should consult with attorneys who specialize in workers' compensation and personal injury claims as soon as possible, because these types of claims have strict rules and time limits to follow.
-Zachariah Hansen, The Arns Law Firm, San Francisco, CA
Ask Zachariah a question at This email address is being protected from spambots. You need JavaScript enabled to view it.
"Interaction via "Ask the Expert" does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results."
Zachariah Hansen has proven himself as an indefatigable litigator who has obtained outstanding results for the clients of The Arns Law Firm. Zach was actually a student in Bob Arns’ trial practice class at the University of San Francisco Law School for 3rd year law students. After the class was completed, Bob was so impressed with Zach’s ability, great heart for the cause, and calm demeanor in the heat of battle, he offered Zach a job. Zach has been dedicating his legal career to helping people who have been injured obtain the compensation they deserve.
I have a workers' compensation claim and was given work restrictions and my employer offered me modified duty. Do I have to show up?
Yes – if your employer offers you modified duty, you are generally required to show up and attempt to work, or risk losing your workers' compensation money benefits. Your employer is still required to pay your full wage and benefits package while on modified duty. A failure to respond to your employer's offer allows your employer to terminate you for job abandonment. If this happens, the workers' compensation insurance company can deny paying you benefits claiming you were terminated "for cause." Sometimes employers give workers on modified duty embarrassing tasks or write ups for minor issues. Do not give your employer any reason to terminate you "for cause." Modified duty may sound like a good deal but can easily become confusing and lead to a situation where your workers' compensation benefits are reduced or cut-off. You should always consult a competent workers' compensation attorney to fully understand your rights and obligations.
-Jonathan Davis, Founder of The Arns Law Firm, San Francisco, CA
Ask Jonathan a question at This email address is being protected from spambots. You need JavaScript enabled to view it.
“Interaction via “Ask the Expert” does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results.”
Jonathan has dedicated his working life to representing working people. Prior to becoming an attorney, he was an International Representative and National Field Director for the Amalgamated Clothing and Textile Workers’ Union. After representing workers in arbitrations throughout the West, Jonathan joined The Arns Law Firm and dedicates himself to representing injured workers and their families devastated by catastrophic injuries as well wage and hour and consumer class actions. Jonathan is bilingual in Spanish and is past Chairman of the non-profit affordable housing organization the African American Construction Workers Association (AACWA). Jonathan currently serves on the Board of Directors of the Local 261 Community Service and Training Foundation and is a former member of the Board of Governors of the Consumer Attorneys of California.
