Pacific Workers' Compensation Law Center - June 2020

Pacific Post June 2020

Filing a Workers’ Comp Case After Termination From Employment

So many people will work through the pain of an injury because they don’t want to risk losing their job. Then, it happens: You get terminated, laid off, furloughed, or the company closes its doors. These cases are known as “post-term” cases. But don’t worry, you can still file a claim for workers’ compensation benefits. When you report an injury after receiving a notice of layoff or termination, your employer and/or insurance adjuster may try to tell you that you are barred from receiving workers’ compensation benefits because your claim is being reported “post-termination.”This is usually fearmongering and a misrepresentation of the law. It is true that California Labor Code section 3600 states that when a claim for workers’ compensation is filed after notice of termination or layoff and the claim is for an injury occurring prior to the time of notice of termination or layoff, an individual cannot collect benefits. However, there are many exceptions.

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In the case of cumulative trauma, the last date of injury exposure is subsequent to the date of the notice of termination or layoff

manner discriminate against any employee because he or she has filed or made known his or her intention to file a claim for workers’ compensation benefits. If your employer is found to have engaged in unlawful conduct under Labor Code Section 132a, then you may be entitled to reinstatement and monetary compensation, including back pay, penalties, and interest. Remember, when you are communicating with your employer or insurance adjuster, put it in writing! Pacific Workers’ Comp is the leading workers’ compensation law firm in Northern California, representing first responders, health care workers, delivery drivers, restaurant workers, retail workers, and construction workers in their fight for justice against the insurance companies. If you’re facing injustice because of a workplace injury, then give us a call today.

How do you properly give notice to your employer?

Normally you are supposed to complete a DWC-1 claim form; however, sometimes that is not possible. Sometimes, you are unable to complete a DWC-1 form because you are injured and incapacitated or because your employer simply will not provide you with one. Your employer has sufficient “notice” if they knew or should have known of your injury. Did your boss or manager see the injury happen? Maybe someone else was injured at the same time and said something. If you were terminated or laid off following an injury, then you may also be a victim of discrimination and retaliation. Under Labor Code Section 132a, it is unlawful for any employer to discharge, threaten to discharge, or in any

You are eligible to receive workers’ compensation benefits if:

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Your employer had notice of the injury prior to the notice of termination or layoff Your medical records, prior to the notice of termination or layoff, contain evidence of the injury The date of injury is subsequent to the date of the notice of termination or layoff but prior to the effective date of the termination or layoff

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– The Lawyers For Injured Workers

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Working During How OSHA Is Han

Right now, if you’re not working from home, then the only way you’re permitted to work is if you’re classified as an essential worker. To be classified

as an essential worker, your position has to promote or be a direct part of how our government and community function. This includes a position in the food, banking, medical, or construction industries. To ensure you and your coworkers are safe, we’re breaking down the latest COVID-19 workplace safety amendments from the Occupational Safety and Health Administration (OSHA).

In late March, amid the global spread of COVID-19, the International Olympic Committee announced the postponement of the 2020 Olympic Games. They were slated to take place in Tokyo, Japan, this summer, but they will now happen in the summer of 2021. While this is an unprecedented decision, it’s not the first time that major global events have affected the Olympic Games or which countries participated. Since the inception of the modern Olympic Games in 1896, they have been outright canceled three times — 1916, 1940, and 1944. The first cancellation of the Olympic Games happened during World War I. The German Empire was supposed to host the games in Berlin, but by the time 1916 rolled around, Europe was deep in the trenches of WWI. Many nations had sent their athletes to fight in the war, so the games were canceled. WorldWar II caused the next two cancellations. The 1940 Olympics were initially scheduled to be held in Tokyo. It would have been the first time the games were hosted by a non-Western country, but Japan forfeited the right to host when they invaded China in 1937. The games were then rebooked for Helsinki, Finland, but after Nazi Germany invaded Poland in 1939 and startedWWII, those games were scrapped as well. Since the fighting hadn’t ceased by the time the games were supposed to happen in Cortina d’Ampezzo, Italy, in 1944, the Olympics were canceled again. Though the Olympics have happened on schedule since the end of WWII, the United States has not always participated. In 1980, when the U.S. boycotted the Olympics that were held in Moscow, Russia, in protest of the Soviet Union’s invasion of Afghanistan, 64 other nations followed suit. However, those games still went on as planned and 80 countries participated. The fact that major global conflicts are the only other events that have been catastrophic enough to affect the Olympics might be distressing and elevate anxiety about our current global health crisis. However, it’s important to keep in mind that the Olympics have only been postponed this time, not canceled. We’ll still get to cheer on our favorite Olympians next year. And the Postponement of the 2020 Tokyo Games Times the Olympics Were Canceled

First, your employer must record any cases of COVID-19, suspected or confirmed. In the health care industry and with first responders, it can be difficult to determine where the disease was contracted, so OSHA is exercising some discretion. Additionally, they’ve also included a specific definition for a confirmed case of COVID-19 as “an individual with at least one respiratory specimen that tested positive for SARS-CoV-2, the virus that

Grilled Basil Chic

Inspired by TasteOfHome.com You can’t go wrong with grilled chicken and tomatoes on a warm summer’s evening. It’s a simple recipe that packs a flavor punch.

Ingredients • 2 tbsp olive oil • 1 clove garlic • 1/2 tsp salt •

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1/4 cup tightly packed fresh basil leaves

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8 Roma tomatoes

4 boneless skinless chicken breast halves (4 oz each)

3/4 cup balsamic vinegar

Directions 1.

For marinade: In blender, combine olive oil, garlic, salt, vinegar, and basil. Cut 2 tomatoes into quarters and add to mixture. Cover and process until blended. Halve remaining tomatoes for grilling. 2. In bowl, combine chicken and 2/3 cup marinade. Cover and refrigerate for 1 hour. Reserve remaining marinade. 3. Heat grill to about 350–400 F. Lightly oil grates. Grill chicken until internal temperature reads 165 F, about 4–6 minutes per side. Grill tomatoes until lightly browned, about 2–4 minutes per side. Discard remaining marinade. 4. Serve chicken and tomatoes with reserved marinade.

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g the Pandemic ndling COVID-19

causes COVID-19.” If a case does need to be recorded, then your employer needs to fill out Form 300. If the employee asks that their name be hidden on the log, then the employer needs to comply under 29 CFR 1904.29(b)(7)(vi). Additionally, if your workplace is a high-risk environment, then your employer is required to supply N95 respirators or other respirators that match the same standards (and are approved by the National Institute for Occupational Safety and Health). If your employer cannot supply these, then OSHA has permitted employees to reuse N95 respirators or wear expired respirators. However, your employer should exhaust all other options — such as providing elastomeric or air- purifying respirators — first before telling you to reuse or wear old respirators. For further information on OSHA regulations, visit OSHA.gov. This is just a snippet of the many amendments OSHA has made in regards to the pandemic, and if you need assistance deciphering the industry jargon, then please reach out to us.

June Holidays for theWhole Family

If you read our previous newsletter, then you likely read our list of May holidays and how you can celebrate them. Traditions are important, so we can’t forget about June’s biggest holidays and how you can celebrate with your loved ones, even during a lockdown. National Fresh Fruit and Vegetable Month June is National Fresh Fruit and Vegetable Month, so this is the perfect time to challenge the chefs in your family! Every week, task your family members with creating a different delicious dinner under a specific theme. For instance, during the first week, the challenge could be to make something spicy using three unique vegetables. Learning how to create new dishes with your entire family will give everyone something to look forward to and provide bonding experiences. Men’s Health Week June Following the healthy theme of the entire month, Men’s Health Week is June 15–21 this year, which means there’s no better time to explore home workout routines! There are several exercises that help burn calories and build muscle while staying home. During your workouts, focus on exercises that utilize a specific muscle group each time so you’re not straining yourself. As the days go, you’ll find discover workouts and a routine that best suits you and makes it easy to maintain your well-being. Father’s Day This year, Men’s Health Week ends on Father’s Day, so whether you’re homebound with your dad or he lives elsewhere, you can still be creative in making him happy and healthy! Surprise him with a tasty, fresh dish from his favorite restaurant using Uber Eats, Postmates, or DoorDash! If your dad wants to be active, then there are a few safe activities you can do, like going on a fishing trip, taking a hike on a local trail, or tackling a big DIY project.

cken and Tomatoes

Solution on Page 4

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Inside This Issue

Filing a Workers’ Comp Case After Termination From Employment

Have the Olympics Ever Been Postponed Before?

OSHA And COVID-19

Grilled Basil Chicken and Tomatoes

June Holidays for the Whole Family

Help Local Nonprofits in Challenging Times

The Best Ways to Help Local Nonprofits in Challenging Times

Volunteer

Over the past several months, families, businesses, and nonprofits have had

In a time of social distancing, volunteering may be discouraged, but nonprofits still need volunteers to operate. The good news is that many nonprofits need volunteers for positions that maintain social distance, such as driving. Food banks and kitchens need drivers to

to navigate life in this challenging “new normal,” and it can be hard to support your favorite nonprofits when times are tough. Here are a few ways you can help these important entities, even when you don’t have resources to spare right now.

pick up donations or ingredients from donors and to deliver food to people in need, such as the elderly or those with disabilities. Advocate Even if you don’t have time or resources to give, you can become an advocate for important causes around your community. While it might not seem like much, sharing information about local nonprofits on social

Donate While many people donate generously during the holiday

season, remember that nonprofits need donations throughout the year, and different nonprofits need different things. A monetary donation can often go a long way, but never feel obligated

media can make a genuine difference. Nonprofits need exposure, which is greatly boosted through community support. Sharing useful information about nonprofits — or sharing their posts — increases their visibility so more people will take action.

to give money, especially when your budget may be tight. Instead, consider cleaning out your closet. What clothes, shoes, or other accessories can you part with? What about dishware or small appliances? When you clean out your home and donate unused items, you benefit those in the community who need them most.

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