Maison Law of California stands ready to help anyone injured on the job while forced to use defective and unsafe equipment. While workers’ compensation helps those hurt at work, not every victim is treated fairly, and not everyone receives the same amount of support. We want to make sure every victim has the money to pay every medical bill and support their families.
Contact us today for a free consultation to learn more about your options that may go beyond standard workers’ comp benefits.
Do I Need a Lawyer After an Injury Caused by a Defective Equipment?
If you receive only a minor injury and only miss a few days of work, you may not require the help of a lawyer to get fair treatment through workers’ compensation.
However, when your injury is more severe, like a broken arm or a Traumatic Brain Injury (TBI), medical bills will be higher and the employers who contributed to the accident will fight harder to avoid taking the blame. The Division of Workers’ Compensation and your employer can question how serious your injury is and try to provide less than you need for medical support. They might falsely claim that the accident took place outside of your work duties or after work hours. You need a strong defense against these tactics to leave you with zero support after getting injured.
The guidebook provided by The California Department of Industrial Relations (DIR) explains that you should consider hiring a lawyer if you believe your employer or a claims administrator is treating you unfairly. The department also recommends seeking legal counsel if you’ve suffered a permanent disability.
You should consult with an attorney if you feel that you are being blamed for a workplace accident you didn’t cause.
You should also contact a lawyer if you feel you might have to file a lawsuit against your company to get fair compensation.
Your Maison Law California Workers’ Compensation Lawyer fights to get 100% of medical expenses, lost wages, and rehab covered if you’re hurt at work.
Defective Equipment Dangers for California Workers
California companies and corporations provide employees with the tools they need to complete their daily tasks. But business owners and operators must do more than just collect profits off the hard work of their employees. They are also responsible for providing safe equipment that won’t harm workers as they complete their shifts.
That important accountability also extends to the manufacturers who sell the equipment and tools used in factories, on farms, and on any job site.
The hazards often lurk in small tools that construction workers use. An accident risk can be found in machines the size of rooms, such as malfunctions causing conveyor belt injuries at a packing plant. The risk may be uncovered while using a vehicle, like a forklift accident on a warehouse floor, or a harvester machine in a farm field.
These are just a few of the equipment hazards that might harm employees:
- Crush injuries and injuries in confined spaces
- Electrical Shock
- Structural breakdown
- Lacerations from sharp, fast-moving parts
- Burns
- Exposure to hazardous substances
- Transport and farm equipment breakdowns
- Flying metal parts and falling objects
Fatalities due to contact with equipment have increased in recent years. In 2022, the Census of Fatal Occupational Injuries Summary report uncovered 738 fatalities in the U.S. involving worker contact with objects and equipment. Machinery was the source of 199 fatalities within this category. The toll on human lives was slightly less in 2022, with 705 fatal incidents documented.
Victims in California can be left in a vulnerable spot as they attempt to heal and are unable to work and earn a paycheck. Their medical bills can pile up in the mailbox while falling behind on car payments, mortgage payments, and other cost of living expenses.
Workers and their families shouldn’t be left to deal with the consequences of defective machinery. A California Defective Equipment Workers’ Compensation Lawyer can make sure the department provides victims with everything they need to recover. In some cases, careless employers and negligent equipment manufacturers can also be held accountable.
Who Is Responsible for Defective Equipment Accidents
Workers injured by a machine malfunction would be able to call upon Workers’ Compensation benefits to help them pay medical bills and support their families while out of work. However, in some cases, companies and corporations should be held liable for the hardships victims face that aren’t covered by Workers’ Compensation.
- This can include agricultural corporations, factory owners, and processing companies who ignore warnings about unsafe equipment and don’t keep up with important recalls on dangerous tools and vehicles.
- Equipment Manufacturers. The companies responsible for the design and manufacture of a machine or vehicle and the parts inside can be held accountable in some cases. Companies must fully test the products they expose employees to. They must recall dangerous equipment when reports of problems arise.
- Equipment Repair Contractors. The contractors who maintain the equipment can also be liable for the upkeep and dependable repair of these machines. When a botched repair of a machine puts workers in jeopardy, those repair businesses can be liable.
How Can a Lawyer Help Me Earn More for a Workers’ Compensation Claim?
Workers’ Compensation protects all workers in California, but not all workers will receive the same level of support. The amount on a settlement check you receive can vary greatly depending on the evidence you collect, the manner in which you file your claim, and your ability to detail and prove the hardships you’ve been through to a workers’ compensation judge.
Allowing a skilled attorney to handle this process can often help you walk away with much more for your injury. A California Workplace Injury Lawyer won’t let you miss out on benefits that you may not have been informed of. Your lawyer also acts when your employer’s lawyers try to blame you for an accident or question how badly you are hurt.
These are only a few of your attorney’s duties:
- Protects the victim’s rights
- Investigate the cause of the accident and the employer’s record
- Collect evidence such as important documents, witness testimony, and surveillance video
- Keep track of deadlines
- Files the victim’s claim correctly and list all hardships to be compensated
- Represent the victim before a workers’ compensation judge
- Negotiate for the maximum support available based on similar past cases
- Makes sure victims receive every benefit available
- Protects victims from retaliation
- Protects victims if they are fired unjustly after an injury
- Handles this entire frustrating process while the victim is allowed to focus on healing
Your attorney will also explore if filing a lawsuit against your employer or an equipment manufacturer is necessary to earn you the support needed to recover. A Maison Law lawyer would have a strong case prepared in the event it became necessary to take a company or corporation before a judge and jury.
Winning Compensation for Injured Equipment Accident Victims
Your lawyer would file a workers comp claim that included every medical bill you had now and those expected for the care expected to be needed in the future. Getting estimates on the cost of future healthcare expenses correct would involve your attorney consulting with your doctors and other medical experts.
Your attorney would be negotiating for the maximum in support so that you could pay all of the medical bills that had piled up since the workplace accident. The money needed to cover any care in the future with a longterm or permanent injury would also have to be included.
The DIR Injured Worker’s Handbook goes over all the different types of support available through a claim. This is a look at some of the support victims could receive:
- Medical Care. Paid for by your employer, to help you recover from an injury or illness caused by work. This includes doctor visits and other treatment services, tests, medicines, equipment, and travel costs reasonably necessary to treat your injury.
- Temporary Disability Benefits. Payments if you lose wages because your injury prevents you from doing your usual job while recovering.
- Permanent Disability Benefits. Payments if you don’t recover completely and your injury causes a permanent loss of physical or mental function that a doctor can measure.
- Death Benefits. Payments to your spouse, children, or other dependents if you die from a job injury or illness.
- Supplemental Job Displacement Benefit. A voucher to help pay for retraining or skill enhancement if you are eligible to receive permanent disability benefits, your employer doesn’t offer you work, and you don’t return to work for your employer. This benefit is available for workers injured in 2004 or later. If your injury also occurred in 2013 or later and you received a Supplemental Job Displacement Benefit, you may also be eligible for an additional, one-time payment under the Return-to-Work Supplement Program.
In general, workers’ compensation doesn’t cover the physical pain and the emotional trauma victims of violent accidents must often cope with. Victims may deal with PTSD symptoms after a frightening collision or collapse accident in a factory or in a field. They may face chronic pain for years to come.
Your lawyer can help you decide if a lawsuit should be filed against an employer or manufacturer to seek additional compensation for these very real hardships caused by a workplace injury.
Frequently Asked Questions
What if I can’t afford to pay a California workers’ compensation lawyer?
You can always afford the help of a skilled Maison Law attorney. We work on a contingency fee basis. It means we cover all upfront costs and you owe us nothing unless we win your case for you. Then our fee comes out of the workers’ compensation check you receive.
How much does a worker’s compensation lawyer earn?
If successful, the lawyer would usually receive between 9% and 15% of the award the client received. The complexity of the case would usually determine the exact fee. A Workers’ Compensation judge checks over the fee to make sure it’s fair and has to approve it. Make sure to ask your potential attorney about how much they charge before hiring one.
How long can I wait to file a California Workers’ Compensation injury claim?
Injured workers usually have one year from the date of the accident to file a claim. In some cases, the one-year deadline counts down from the day the worker learns of an injury or illness. The deadline could be extended if the victim is under the age of 18.
Can my family receive support if a loved one is killed in an equipment accident at work?
Yes. Workers’ compensation provides death benefits to families left behind. This should include financial help with funeral costs and leftover medical bills. The financial support should extend to the years ahead when loved ones will be unable to help support a spouse and children through a weekly paycheck. A California Wrongful Death Attorney would also explore the family’s options to hold an employer and a machine manufacturer responsible for the tragic loss of life.
Contact a California Workers’ Compensation Lawyer
The most important outcome is that the injured and those who lose their ability to support their families get the full support they need for as long as necessary. Deciding which legal option is right for your situation can be difficult, but you don’t have to make the decision alone.
There’s an easy way to find out which path offers you the fastest route to the support you and your family desperately need. Speak to Maison Law in a free, no-obligation consultation. We want to hear about what happened to you and then help you determine the best course of action for your family.
