Bakersfield Crush Injury Workers Compensation Lawyer

Maison Law represents victims injured in crush accidents at work in Bakersfield. If you or a loved one has been under-compensated or received inadequate workers’ compensation benefits after suffering a crush injury, our team of Workers’ Compensation Attorneys will help you get the compensation you need. Contact Maison Law today for a free consultation and case evaluation.

When Do I Need a Lawyer for a Bakersfield Crush Injury Workers’ Compensation Claim?

Crush injuries are amongst the most painful and physically devastating for a person to endure, often resulting in permanent disability. Employees who suffer crush injuries on the job in Bakersfield are entitled to workers’ compensation, but oftentimes, workers’ compensation can serve as more of a barrier to benefits, rather than a provider. Workers’ compensation is not always helpful and they can deny medical treatment or cut off your benefits, leaving you with financial burdens, sustained injuries, and career uncertainty after an unfortunate crush injury.

If you find yourself in a situation such as this, an attorney can hold workers’ compensation responsible for all the benefits you are entitled to. An attorney will also file a lawsuit against workers’ compensation if 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.
• 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 compensation.
• A permanent disability claim: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation and guidance.

Lawsuits will generally end with a settlement depending on the details of your workers’ compensation claim. However, any case can end up in court, which is why you need an experienced Workers’ Compensation Attorney to represent you and manage the legalities of your claim.

Permanent Disability Caused by Crush Injuries in the Workplace

When a crush injury occurs, the injured victim is usually left with a severely damaged body part, or in worse cases, the loss of an appendage. If a limb is lost or permanently damaged in a crush accident, a disability rating will determine permanent disability based on a medical evaluation performed by a medical professional. Disability rating determinations are used by:

• Workers’ compensation administrations
• Injured workers
• Personal injury lawsuits
• Insurance claims

Your disability rating will reflect your percentage of disability. The permanent disability rating is determined by several factors:

• Medical evaluation: an agreed-upon medical evaluator (AME) or a QME will provide a medical assessment of the disability.
• Impairment guides: an evaluation of a disability uses the American Medical Association Guides to the Evaluation of Permanent Impairment.
• Work restrictions: an injured employee’s limitations and restrictions.
• Age and occupation: the age and occupation will be taken into consideration, especially when a person’s line of work is no longer possible due to their disability.

How Do I Get Permanent Disability Benefits After a Crush Injury in Bakersfield?

Permanent disability benefits cannot be considered until after your temporary benefits have been exhausted. Once temporary benefits have been exhausted, your injuries will be evaluated by an approved physician to determine if you’ve reached Maximum Medical Improvement. Maximum Medical Improvement (MMI) refers to the point in time in which a medical professional determines you have recovered as much as possible from your injuries as possible and you will be unlikely to recover further with additional treatment.

Once you’ve reached MMI, your ability will determine if you can return to work on a restrictive basis or if you’re ready to completely return to your regular duties. Also, your employer will consider your physical restrictions before deciding to offer you “modified work.” Modified work means you will only be required to do a portion of your usual duties. If modified work is unavailable for your specific job, then your employer may choose to offer you “alternative work.”

This equates to a different type of work with the same rate of pay and employment location. If you have reached MMI and you still have physical limitations due to your work-related injury, then you must prove the following to recover permanent disability benefits:

• Your injuries came from your job doing a work-related activity
• The nature and severity of your injuries or illness has resulted in permanent disabilities
• Your disability prevents you from returning to work

Common Reasons For Bakersfield Crush Injury Workers’ Compensation Accidents

Crane operators, plumbers, electricians, carpenters, and maintenance workers are required to use a number of powerful equipment on the job every day in Bakersfield. However, the slightest misstep can lead to catastrophic injury, or in worst cases, death. For that reason, strict safety measures are put in place to prevent accidents, but unfortunately, mistakes do happen. The most common reasons for crush accidents include:

• Lack of safety equipment
• Inadequate training
• Defective machinery
• Poor supervision
• Unsafe construction site or job design

It is important to understand the root cause of your accident in a workers’ compensation claim is extremely important because it typically reveals the liable party. While workers’ compensation covers any work-related injury, injured victims are entitled to pursue additional damages from the liable party outside of workers’ compensation through a personal injury lawsuit. Common liable parties for crush accidents include:

• Equipment manufacturing company
• Equipment repair company
• Property owner
• Government entity

Common Workplace Bakersfield Crush Injury Workers’ Compensation Incidents

Crush accidents on the job typically occur when a worker is caught between two unavoidable large objects. According to the Occupational Safety and Health Administration (OSHA), there are approximately 25,000 crush injuries per year with 800 of these injuries becoming fatal. The most common workplaces for crush injuries include:

• Construction sites: heavy equipment on a construction site always presents a risk to workers if other people are in the area and safety precautions are not taken. Another risk is a mechanical defect occurring, for example, if the brakes go out on a road roller and someone’s leg gets crushed in the process.
• Vehicle crashes: delivery and transport drivers can suffer crush injuries on the job if they’re involved in serious car or truck accidents. Emergency personnel are known to frequently use the “jaws of life” to remove crush injury victims from catastrophic vehicle accidents.
• Factory and warehouse accidents: Forklifts, cherry pickers, stock carts, and other large machinery are all commonly used vehicles in warehouse operations. Some of these machines can weigh up to two to three tons. So, even if a person’s foot gets stuck under one of these vehicles, it can have unbelievably tragic results.

With transportation and construction being some of the leading industries in Bakersfield, according to the Employment Development Department in California, workers in Bakersfield are at a higher risk of crush injuries on the job than most other cities. For that reason, California Law requires employers in Bakersfield to provide employees with a safe place to work to prevent injuries in all occupations.

Filing a Bakersfield Crush Injury Workers’ Compensation Claim

If you suffered a crush injury in Bakersfield, it is vital to report the incident to your employer the moment you become aware of your injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation. Here are the recommended steps for filing a workers’ compensation claim:

1. 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.
2. Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. California law requires employers to provide their employees with workers’ compensation benefits for work-related injuries. When filling out your DWC 1 form, describe your illness or injury in great detail and fill out only the employee section of the form.
3. 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 your claim.

Bakersfield Employer Safety Responsibility Under OSHA Law

In California, you have the right to request an OSHA inspection without the fear of employer discrimination. You can request that inspection here. Your employer in Bakersfield is responsible for providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the company’s trade. Under OSHA law, your employer is responsible for the following:

• Providing a safe working environment. Every employer is tasked with adhering to all the regulations that govern the company’s work. An example would be a construction site. The owner would have the duty to follow all safety regulations relating to construction.
• Provide daily inspections on equipment and sections of the workplace that are prone to hazardous conditions to make sure they adhere to OSHA standards.
• Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
• Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.

Contact a Bakersfield Crush Injury Workers’ Compensation Lawyer

At Maison Law, we recognize the risks of crush injuries that workers in Bakersfield face every day. The damage a crush injury can do to a person’s livelihood is catastrophic, but there are legal options available to help you get your life back. If your workers’ compensation has been inadequate at covering your medical bills or providing you with adequate compensation, contact Maison Law today for 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 your case.