Maison Law represents injured fall accident workers in Los Angeles. If you or a loved one has suffered a fall injury while on the job, the Workers’ Compensation Attorneys at Maison Law can manage your claim, as well as maximize the damages you’re owed. Contact Maison Law today for a free consultation and case evaluation.
How Can a Los Angeles Fall Injury Workers’ Compensation Lawyer Help Me?
Fall injuries typically involve serious medical treatment as broken bones, traumatic brain injuries (TBI), and soft tissue damage are likely to occur. When you suffer a fall injury on the job, your medical bills will be covered by workers’ compensation and your time missed at work during recovery will be compensated by temporary disability. Workers’ compensation does not take into account other costs such as the financial strain it puts on the injured workers’ family. Also, workers’ compensation may deny certain medical procedures or medical prescriptions, leaving those suffering from injuries without solutions. That’s where a Workers’ Compensation Attorney can help. In addition to filing a lawsuit against workers’ compensation, an attorney will file a personal injury lawsuit against all liable parties who contributed to your injury. Common liable parties for a work-related injury include:
- The property owner
- The employer
- A Government entity
- A third party
- A manufacturer or distributor
With a personal injury lawsuit, an attorney will be able to pursue the following damages on your behalf:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs to damaged property (if applicable)
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
When Should I File a Fall Injury Workers’ Compensation Lawsuit in Los Angeles?
Any injured worker has the right to compensation and can file a lawsuit against workers’ compensation. Lawsuits can be filed against workers’ compensation if an injured person feels they have been treated unfairly at any time during the workers’ compensation process. The most common reasons for filing a lawsuit against worker’s 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 claim is neglected: in some cases, injured workers can be left waiting for weeks or months for the workers’ compensation claim to be processed and to begin receiving benefits. This is unacceptable and a workers’ compensation attorney can help.
- 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.
It is important to note that filing a lawsuit against workers’ compensation does not affect or change the status of your employment with your employer. In fact, employees are protected from retaliation from their employers. If an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation
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
Common Fall Injuries in the Workplace
According to OSHA, there were 351 falls to a lower level out of 1,008 construction fatalities in the United States. While not all workplace falls are fatal, they typically result in severe injuries. The most common injuries from falling include:
- Traumatic brain injury
- Head injury
- Neck injury
- Spinal cord injuries
- Soft tissue damage
- Lacerations
- Internal organ damage
Construction work is the industry with the most fall injuries and fatalities. Other jobs that have the most fall injuries include:
- Roofing
- Window cleaning
- Logging
- Industrial maintenance
- Electricians
What Fall 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 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. So, even if you suffer a fall from an earthquake, tornado, or flooding, your injuries would be covered by your personal insurance instead of workers’ compensation. 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.
Filing a Fall Injury Workers’ Compensation Claim in Los Angeles
If you work in Los Angeles and you suffer a work-related injury or illness, 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.
For example, even if you slip and fall in the restroom at your office job in LA’s downtown business district, you will need to report the injury the moment it happens. Even if you’re not experiencing any painful symptoms, you may at a later date. By allowing symptoms to exist without reporting them will allow workers’ compensation to argue that you weren’t too injured to work, or the injury got worse because you chose to ignore it. If any situation like this arises, do not hesitate to contact a Workers’ Compensation Attorney to protect your right to workers’ compensation benefits and additional compensation.
Here are the recommended steps for filing a workers’ compensation claim in Los Angeles:
- 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 your claim.
Contact a Los Angeles Fall Injury Workers’ Compensation Claim Lawyer
Navigating the workers’ compensation process can be complex, especially if you are fighting by yourself to get the benefits you’re entitled to. If you’ve suffered an on-the-job fall injury, do not hesitate to speak to one of our dedicated Workers’ Compensation Attorneys at Maison Law to get the legal representation you need. Our skilled attorneys have years of experience in managing workers’ compensation cases and have helped injured workers across the greater Los Angeles area. 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.
