Frequently Asked Questions

Q:  I have been injured at work, and I want to file a Workers’ Compensation claim but I’m afraid of losing my job. Are my fears warranted?

A: It is illegal for your employer to retaliate against you for filing a Workers’ Compensation claim, stating that you’re going to file a claim or seeking all of the Workers’ Compensation benefits to which you are entitled.

Q:   I suffer from chronic back and neck pain. It has become so bad that sometimes it’s all I can think about. I’m a ramp agent, so I’m constantly handling heavy, oddly shaped bags. What can I do?

A: On-the-job injuries can occur from a certain event (specific injury) or over time (continuous trauma); both are legitimate Workers’ Compensation injuries. The latter can include orthopedic injuries affecting the back, neck, extremities, etc. as well as such complications as hypertension caused by stress, and hearing loss.

You are entitled to medical care to cure or relieve the effects of a work-related injury. Contact a Workers’ Compensation attorney for experienced guidance regarding your medical treatment and evaluation and how to ensure you receive all of the benefits to which you are entitled.

Q:   As a Customer Services Clerk, I have a lot of contact with the passengers, many of whom are anxious, angry and intense for a variety of reasons. I am stressed out to the point where I can hardly sleep and I find that I’m getting angry about the littlest things. Is this common?

A: Unfortunately, workplace stress is so common that there’s a definition for it. The National Institute for Occupational Safety and Health defines it as the harmful physical and emotional response that occurs when there is a poor match between job demands and the capabilities, resources or needs of the worker.

The symptoms you describe are among the many associated with workplace stress. Stress can cause physical injuries, such as ulcers or high blood pressure. California has recognized stress as a basis for industrial injuries. However with psychiatric injuries due to stress you must—with few exceptions—prove your job as the  “predominant” cause of the injury. You may want to consult with an attorney before filing a claim.

Q:   I was standing on a scaffold while working on an airplane; the guard rail gave way and I fell to the ground, landing on my back. At first the pain was bearable, but now it’s really getting to me. What should I do?

A: Advise your supervisor of your injury and complete an “Employee’s Claim for Workers’ Compensation Benefits” form. Your employer must provide medical care within 24 hours. If you have pre-designated a physician, you may see a doctor of your choice.

In addition, your injury may have been caused by a third party—someone other than your employer—in your case, a possibly defective ladder. There may be a case against the ladder manufacturer for making a defective product.

Having experienced legal representation is key to obtaining your full rights from a Workers’ Compensation and a Personal Injury standpoint.

Q: Does working outdoors increase my chance of developing skin cancer? Any suggestions on what I should do?

A: Ultraviolet (UV) light exposure, most commonly from sunlight, is the most common cause of skin cancer. UV rays are most intense between 10 a.m. and 4 p.m. Employees who work outside, even with protective clothing and sunscreen, have a greater chance of developing the three main types of skin cancer: basal cell carcinoma, squamous cell carcinoma and malignant melanoma.
 
In many cases, the current Permanent Disability rating schedule allows for a permanent impairment and disability rating for skin cancer. The 2005 rules also allow for a monetary recovery, even after successful treatment. Most importantly, a finding that the cancer was work-related can result in a lifetime medical award to care for this condition, too.
 
Consult your physician if you are concerned about a link between your job and skin cancer. You should also consider consulting an attorney about a possible Workers' Compensation case.

Q:  I was using a company vehicle for transporting materials to a location outside of the airport, when a car ran a red light and t-boned me. At the time, I thought I was okay. I reported the accident to the police as well as my supervisor. But now I’m beginning to have headaches and a stiff neck. What should I do?

A: Since you were involved in an automobile accident during the course of your work, you are entitled to Workers’ Compensation benefits. Your symptoms are similar to those of whiplash, but only a physician can diagnose the problem definitively. You say you have advised your supervisor when you thought you were not injured. Now that symptoms have developed, advise your supervisor and complete an “Employee’s Claim for Workers’ Compensation Benefits” form. Your employer must provide medical care within 24 hours, either through a physician you have already designated or one who is a member of your employer’s Medical Provider Network.

In addition, since your injury was caused by a third party—someone other than your employer—you can file a Personal Injury claim against the driver whose car struck you.
Having experienced legal representation is key to obtaining your full rights from a Workers’ Compensation and a Personal Injury standpoint.

Q:  Loading baggage onto airplanes during the summer is brutal. Even though I drink plenty of water, I often feel dizzy and nauseous. Should I report this to my supervisor?

A: You may be experiencing heat exhaustion. People who exert a great deal of energy in hot or humid conditions are particularly at risk. You may be drinking enough water, but other things, such as certain medications, can interfere with your body’s ability to cool itself.

You should report this problem to your supervisor. If heat exhaustion is untreated, it can progress to heat stroke, which can be deadly.