Maison Law supports victims of forklift injuries in Bakersfield. If you or a loved one has suffered serious injuries in a forklift accident at work, the dedicated Workers’ Compensation Lawyers at Maison Law can help you secure the compensation you need. No one should have to stand for delayed medical treatment or denied benefits after a serious injury. Contact Maison Law today for a free consultation and case evaluation.
Benefits from Bakersfield Injury Workers Compensation
After a forklift accident, you may be eligible for a range of benefits through workers’ compensation. Even if your injuries are minor, you should still report them to a manager or supervisor, as well as speak to a Bakersfield Workers Compensation Lawyer. Here are some common types of workers’ compensation benefits you can receive:
- Medical expenses: coverage for medical care, which includes hospital treatment, surgery, prescription drugs, and orthopedic supplies
- Mileage reimbursement: reimbursement for travel to and from doctor visits and pharmacies
- Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s, or for the duration of the injury.
- Temporary disability: temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
- Permanent disability: awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Monetary amounts for permanent disability vary on a case-by-case basis.
- Death benefits: help families replace lost income if an employee dies from a work-related accident or illness
Workers’ compensation in California is a no-fault system, meaning employees do not need to prove that someone else was at fault for their injury or illness to receive benefits. In most cases, employees cannot be denied benefits based on previous medical conditions or fault in their injuries.
How a Bakersfield Forklift Injury Workers Compensation Lawyer Can Help
Workers’ compensation claims in California can be complicated. For example, several parties may be responsible for your injury and you could potentially file a personal injury claim against each party to receive more compensation in addition to your workers’ compensation benefits. For that reason, it is important to speak to an experienced Workers’ Compensation Lawyer about your situation. An attorney will review your case to:
- Identify the damages and losses resulting from your transportation accident. Damages include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
- Negotiate with workers’ comp and all other insurance companies
- Conduct necessary investigations such as:
- Interrogatories
- Depositions
- Retrieving expert testimony
- Getting witness statements
- Represent you in trial (if necessary)
Common Causes of Forklift Injuries
Many different factors lead to forklift injuries. However, the majority of forklift injuries can be attributed to a combination of human error and mechanical failure. The most common causes of forklift injuries include:
- Speeding: certain forklifts are capable of traveling at surprisingly high speeds. Extra caution is necessary when operating fast-traveling forklifts because speeding increases the likelihood of rollover crashes, especially when taking sharp turns. Speeding also presents a danger to workers outside of the vehicle as they may not be able to avoid a speeding forklift.
- Sudden Reversals: a sudden reversal can end up harming unsuspecting workers within proximity of the forklift. Forklift operators come to a stop and check their surroundings anytime they begin reversing.
- Miscommunication: poor communication is one of the leading causes of workplace hazards, according to OSHA. The route and where forklifts are operating should be communicated to every worker. Effective communication can help forklift operators and their coworkers avoid unfortunate collisions.
- Failed Maintenance: a forklift is only safe if routine maintenance is performed. It is the responsibility of the employer to ensure routine maintenance is performed or to provide training to their employees, so they can perform maintenance checks.
- Jumping off forklifts: when a forklift begins to tip over, many drivers’ first reaction is to jump off the vehicle. But jumping off a falling forklift is the last thing you want to do. It is much safer to remain inside the forklift as the driver seat cage is designed to shield drivers from injury.
- Improper use: when forklifts are used for anything other than lifting heavy cargo, accidents can ensue. If forklifts are used as makeshift ladders or cherry pickers, accidents are almost guaranteed.
- Poor training: sufficient operations and safety training can save lives. Forklift accidents can be severe and employers are responsible for providing all forklift operators with training.
Your Rights While on Workers’ Comp in Bakersfield
The state of California recognizes the importance of protecting employees who sustain work-related injuries. Workers’ compensation is designed to provide crucial benefits to injured victims, ensuring they receive medical treatment, compensation for lost wages, and assistance in returning to the workforce. These benefits serve as a foundation of labor rights in the state of California. California also provides injured workers with:
- Protection from Retaliation: protection from retaliation is an essential right that prevents employers from taking adverse actions against employees for the sole reason of filing a workers’ compensation claim. Injured employees are also protected from the following employer actions:
- Termination
- Reduction of work hours
- Demotion
- Punitive measures
- Presumption of Retaliation: if an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation.
- Legal Recourse: wrongful termination while on workers’ compensation requires prompt action by the injured employee to ensure their rights are protected. A workers’ compensation attorney can provide valuable legal guidance and advocate on your behalf by gathering evidence to support your claim and represent your interests in legal proceedings.
- The Ability to Seek Redress: to seek redress for wrongfully denied claims or premature termination, injured workers can submit their claim to California’s Division of Worker’s Compensation. This department provides injured employees with the proper steps to resolve workers’ compensation issues under California Law.
Types of Worker’s Compensation Settlements
Worker’s compensation can be settled through a compromise and release, or a stipulation and award. The difference between these types of settlements can have a substantial impact on lawsuits, which is why it is important to consult with a worker’s compensation attorney before accepting one.
Under a compromise and release settlement, the insurer will offer you a lump sum of money to settle your lawsuit. This settlement can be accepted all at once or spread out over time in a structured settlement. This amount typically reflects your lost wages, ongoing treatment, and out-of-pocket expenses. Once this settlement is accepted, your worker’s compensation claim is closed.
While less common in worker’s compensation claims, a stipulation award is a settlement that creates an ongoing relationship between the injured victim and the insurer. The insurer agrees to continue to pay medical bills associated with the work-related accident while continuing to pay disability benefits caused by your impairment.
Contact a Bakersfield Forklift Injury Workers’ Compensation Lawyer
Workers’ compensation may cover some of your losses, but injured workers may still struggle to receive the full range of benefits they’re entitled to. The Bakersfield Workers’ Compensation Attorneys at Maison Law will help you improve your workers’ compensation claim and maximize your benefits. Contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our legal services and you will not be charged a cent unless your case is won.
