Maison Law represents injured factory workers in California. Workers’ compensation through your employer is designed to provide medical and financial coverage after you’ve been injured at work. But what if workers’ compensation does not provide enough support? The workers’ compensation attorneys at Maison Law can help you obtain maximum compensation for the damages done to your life by a work-related accident. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Factory Workers’ Compensation Claim in California?
While workers’ compensation is designed to cover your medical costs and lost wages while away from work, their services can sometimes become more of an obstacle than a benefit. For example, you suffer a factory work injury to your back, and you have to get surgery. Workers’ compensation may decide to cover surgery and physical therapy, but after a year of treatment, they determine you’re well enough to go back into work, and they cut off your compensation and access to treatment. You may feel it is too soon to return to work and need more treatment. In this scenario, a workers’ compensation attorney can file a lawsuit on your behalf against workers’ compensation to ensure your right to compensation and medical treatment is protected. Other reasons you may need to file a lawsuit against workers’ compensation include:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
When Should I Go Back to Work After a Factory Worker’s Injury in California?
Returning to work will depend on how well you recover from the workplace injury. This decision will ultimately be up to the doctor to clear you for a return to work. The doctor may decide to clear you for partial work or alternative work if you have not been able to fully recover from your injuries.
If you do not make a full recovery, then you will be entitled to permanent disability benefits through workers’ compensation. This usually occurs after a doctor has determined you have reached MMI and it is apparent that you are unable to work. Permanent disability benefits provide coverage for future lost wages due to your disability or impairment. California’s workers’ compensation system offers two types of permanent disability benefits. These benefits include:
- Permanent partial disability: people deemed partially disabled with a rating of below 100% are entitled to weekly payments at an established amount. The higher your disability rating, the more money you will be able to collect.
- Permanent total disability: if you become 100% disabled from a work-related accident, then you’re entitled to weekly payment for the rest of your life. You may also be able to receive a lifetime pension if your disability rating is between 70% and 90%.
Most Common Factory Workers’ Compensation Injuries in California
Factory work injuries occur far more often than most other injuries. In fact, according to the Bureau of Labor Statistics, in 2019, the factory work sector had an incidence rate of approximately 3.4 cases per 100 full-time workers in the United States. The most common of these factory worker injuries include:
- Caught-in-between accidents: this occurs when a worker is caught, compressed, or crushed by machinery, equipment, or moving parts.
- Struck-by accidents: these accidents are the second most common manufacturing injury, which occurs when a worker is struck or hit by objects, tools, or machinery.
- Falls from heights or same-level falls: this injury includes slips, trips, or falls from elevated surfaces. These are amongst the third highest workers’ compensation factory injuries.
- Overexertion injuries: these are related to excessive physical effort, such as lifting, pushing, or carrying heavy loads.
- Machinery-related accidents: similar to stuck-in accidents, these occur when a worker gets injured from being caught in, struck by, or entangled in machinery.
- Electrical accidents: electrical accidents are less common, but they do occur when a worker comes in contact with a live wire that has been carelessly unattended to or created due to improper safety precautions.
What is the Process for Filing a Lawsuit for a Factory Workers Injuries Workers’ Compensation Claim in California?
The first thing you should do after a work-related injury is report the injury to your employer. Make sure your supervisor or someone in management knows as soon as possible. If the injuries you’ve sustained from your transportation accident develop gradually, you should also report it as soon as you believe your work is the cause of your injury. Gradual injuries include head injuries, muscle strains, or deep tissue injuries. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
Next, you should fill out a workers’ compensation claim form. Your employer is obligated to give or mail your a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your overexertion injury. You should fill out this form and return it to your employer as soon as possible to avoid possible problems with your claim. After submitting your claim, it is essential to get good medical care for your factory injury. You should seek out treatment from a doctor who understands your particular type of injury. The doctor you choose will be known as your “primary treating physician” throughout the workers’ compensation process. The role of this doctor is to:
- Prescribe care for your job-related injury
- Manage your overall care
- Help determine when or if you can return to work
- Help identify the kinds of work you can do safely while recovering
- Refer specialists if necessary
- Write medical reports that will help determine the benefits you can receive
When working through your injuries with your primary treating physician you should be open and honest about all of your symptoms. Describe the events at work and what you believe led to your factory injuries. If you do end up filing a workers’ compensation claim, your doctor will play a large role in certifying the legitimacy of your injuries and the damage done to your life.
Contact a Factory Workers’ Compensation Claim Lawyer
Navigating the workers’ compensation process can be complex and confusing, so if you or a loved one has suffered a factory work injury, do not hesitate to speak to one of our workers’ compensation attorneys at Maison Law. Our skilled attorneys have years of experience in managing workers’ compensation cases and are passionate about getting injured workers the compensation they need to get through this challenging time. Schedule your free consultation and case evaluation today by contacting Maison Law. There are no upfront charges for our services and you will not be charged a cent unless we win your case.
