The work of school custodians often goes unseen, but their demanding jobs are at the foundation of any educational institution. From keeping the restrooms spotless to making sure every floor is polished, the tasks required of a school custodian are hard work, making any custodial employee susceptible to injury while on the job.
At Maison Law, we represent school custodians, maids, and other cleaning professionals who have been injured while performing physically demanding work. We provide legal services to those seeking maximum recovery from their workers’ compensation claims. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a School Custodian Workers’ Compensation Claim in California?
Custodians injured on the job often suffer musculoskeletal injuries that affect their joints, tendons, ligaments, or muscles in their back, shoulders, hands, and fingers. Custodians are also subjected to cleaning chemicals on a daily basis, which may cause injuries like rashes or respiratory illnesses. These are serious injuries that can lead to major health problems if left untreated.
If you suffer any injuries or illnesses while performing custodial work, your employer is required to provide you with workers’ compensation under California Labor Code Section 3700 in order to provide you with treatment. However, not all workers’ compensation covers all the care you may need. For example, depending on your circumstances, your injuries could require multiple surgeries, or even result in permanent disability. Workers’ Compensation may cover your treatment at first, but they may begin to deny treatment or reduce your benefits over time.
If your workers’ compensation under-compensates you or provides you with inadequate care, a Workers’ Compensation Attorney can file a lawsuit against workers’ comp to ensure you’re compensated and receive medical treatment. In addition to filing a claim against workers’ compensation, an attorney can also file a personal injury lawsuit against the party responsible for your injuries.
How to File a School Custodian Workers’ Compensation Claim in California
If you’re injured on the job, you should tell your manager or immediate supervisor about the injury. While making them aware of your work-related injury is a necessary first step, it does not make you eligible for benefits through the workers’ compensation program. You must complete the following steps to begin receiving workers’ compensation benefits in California:
- Tell your manager, supervisor, or someone in the administration department at your job about your work-related injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
- Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
- Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
- Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on the benefits you may receive.
These steps will start your workers’ compensation claim and help you get the medical treatment you need. If you have any questions or need legal assistance, do not hesitate to reach out to one of our Workers’ Compensation Attorneys at Maison Law today. We’re here to help victims who have been injured at work, so there is no charge to discuss your case with one of our attorneys.
Common School Custodian Injuries
The physical nature of a school custodian’s job will typically result in overexertion injuries or injuries that develop over time from repetitive work such as mopping, scrubbing, and bending. Some tasks may include lifting objects over 100 pounds or walking through areas prone to slip-and-fall hazards. Common injuries suffered by school custodians include:
- Musculoskeletal injuries: janitorial work involves moving your body in ways that can strain or tear muscles, leading to musculoskeletal issues.
- Slips, trips, and falls: bathroom floors, tile hallways, and staircases can sometimes have wet floors for numerous reasons, creating the ideal conditions for a slip-and-fall accident.
- Respiratory illnesses: repeated exposure to cleaning agents is a common aspect of custodial work and can create serious respiratory problems over time.
- Infectious diseases: contact with waste disposal or body wastes can subject custodians to infectious diseases.
- Stress: job security, excessive workloads, and working in hazardous environments can cause occupational stress, leading to health complications such as stress.
What School Custodian Work-Related Injuries are NOT Covered By Workers’ Compensation?
While employers must provide a safe workplace for their workers, employees also have a duty to act responsibly while at work. In certain cases, workers’ compensation benefits will not be rewarded. Injuries and illnesses that are not covered by workers’ compensation may include:
- Injuries incurred due to intoxication or impairment
- Injuries due to knowing violation of a policy or code
- Horseplay or intentional misconduct
It is important to know workers’ compensation does not cover natural disasters such as earthquakes, tornadoes, or flooding. Civil disturbances and product liabilities are also not covered by workers’ compensation as benefits are only applicable to injuries caused by the job itself or the job conditions.
Contact a School Custodian Workers’ Compensation Lawyer in California
At Maison Law, we recognize the risks of school custodian work, which is why we’d like to provide you with the legal assistance you need if you’ve suffered a work-related injury. School custodians spend a large portion of their helping others, but now, we’d like to help you. If your workers’ compensation has been inadequate at covering your damages, or your workers’ comp claim has been denied, contact Maison Law today to get the compensation you need for your injuries. Our firm offers all injured workers a free consultation and case evaluation. There are no upfront charges for our legal assistance and you won’t pay a cent unless we win you case.
