Maison Law represents victims of fall injuries at work in Bakersfield. If you or a loved one has filed a workers’ compensation claim for fall injuries but has not received the proper care through workers’ compensation or your claim has been denied, Maison Law will take the legal steps necessary to fully recover your damages. Contact one of our Workers’ Compensation Lawyers today for a free consultation and case evaluation.
Forms of Compensation After a Bakersfield Fall Injury at Work
Any injured worker has the right to compensation through workers’ compensation. If an injured person feels as though they have been treated unfairly at any time during the workers’ compensation process, they can file a lawsuit to get the workers’ compensation benefits they need. Other forms of compensation workers may be entitled to include:
- Third-party liability: if a third party such as a contractor, property owner, or manufacturer contributed to your injury, then you can pursue compensation through a personal injury lawsuit. Personal injury allows you to sue for damages not covered by workers’ compensation such as emotional damages and pain and suffering.
- Negligence claim: under certain circumstances, victims of work injuries may be able to pursue a negligence claim against their employer if the fall was a result of carelessness or intentional misconduct. When pursuing a personal injury claim in addition to your workers’ compensation claim it is recommended to consult with a personal injury attorney.
Can I Sue My Employer in Bakersfield for a Fall Injury?
It is possible to sue your employer after a work-related fall injury. To sue your employer, you must be able to prove that their actions caused you to fall and suffer injuries. Another way you can file a lawsuit against your employer is if they failed to provide you with workers’ compensation after your injury.
Failing to have workers’ compensation coverage is a misdemeanor criminal offense punishable by either a fine of up to $10,000 or imprisonment for up to one year. If you suffer a fall injury in Bakersfield and your employer is not insured, then your employer is responsible for paying all of the bills related to your injury.
Fall Prevention in The Workplace
California Law requires employers to provide employees with a safe place to work and to prevent fall injuries in all occupations. In addition, Federal Occupational and Health Administration has mandated the use of fall prevention systems to protect workers from falls greater than 4 feet.
Standard guardrails or equivalent should be installed along all unprotected edges of open side runaways, platforms, and floors greater than 4 feet above the lower level or the floor. OSHA also requires fall protection for floor and wall openings of stairwells, ladder openings, and chute openings. It is the employer’s job to create a workplace that prevents employees from falling off of overhead platforms, elevated workstations, or holes in the floor and walls. Other OSHA requirements include:
- Fall protection from four-foot falls in general industry workplaces
- Five feet fall protection for shipyards
- Six feet for construction jobs
- Eight feet for long shoring operations
How Can a Bakersfield Fall Injury Workers’ Compensation Lawyer Help?
Workers’ compensation will provide you with up to 2/3rds of your salary before tax, as well as medical treatment for your injuries. This may be enough compensation in some cases such as minor injuries, but oftentimes workers’ compensation fails to provide enough coverage. If you work with a workers’ compensation attorney, they can file a lawsuit against workers’ compensation if:
- Your medical treatment is denied
- Your benefits run out
- Your employer retaliates against you for filing a workers’ comp claim
- Your benefits are inadequate
At Maison Law, we advocate on behalf of fall injury victims in Bakersfield and will take legal action to recover your:
- Lost wages
- Loss of future income
- Medical bills
- Continued medical treatment
- Emotional distress
- Pain and suffering
Contact a Bakersfield Fall Injury Workers’ Compensation Lawyer
At Maison Law, we recognize the risks of fall injuries workers face every day. Falls can happen to any type of worker if proper safety precautions are not followed. If you’ve suffered a fall injury and 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.
