Maison Law represents injured forklift operators in Los Angeles. If you or a loved one has suffered a forklift injury while on the job in Los Angeles, there may be additional damages you’re entitled to receive through workers’ compensation and the party that caused your accident. Speak to one of our dedicated Workers’ Compensation Attorneys and see what legal options are available to you by contacting us today.
How a Los Angeles Forklift Injury Workers’ Compensation Lawyer Can Help
Workers’ Compensation provides critical support for injured forklift workers in Los Angeles. By California Law, injured workers are entitled to two-thirds of their lost wages through temporary disability and medical bills. Unfortunately, treatment can be denied, and temporary disability can be abruptly ended. This leaves many workers with uncertain futures and a mountain of medical debt.
With the help of a Workers’ Compensation Attorney, injured forklift workers can protect their rights to benefits and compensation. Depending on the circumstances of the forklift accident, a third party, such as a property owner or parts manufacturer may be responsible. In this case, an attorney can help you receive additional damages for:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
OSHA Safety Regulations to Protect Los Angeles Fork Lift Injuries
To minimize the severity and frequency of forklift accidents, the Occupational Safety and Health Administration (OSHA) has established a series of safety guidelines for workers and employers to follow. If any of these guidelines are not followed and someone gets injured, then a number of parties can be held liable for damages in a personal injury lawsuit. The liable parties may include:
- The forklift manufacturer
- The property owner
- Your employer
- A Government entity
- A third party
The set of guidelines required by OSHA for forklift operations includes:
- Employees must be over the age of 18 to operate a forklift
- All operators must be trained and certified
- All forklift equipment must be maintained and inspected
- All forklifts must be examined for defects before using
- No modifications that affect the capacity and safety of the forklift can be made without written consent from the manufacturer
- All safe operation procedures must be followed for picking up, moving, putting down, and stacking loads
What Benefits Can I Receive for a Forklift Injury Workers’ Compensation Claim in Los Angeles?
In California, if you’ve been injured in a forklift accident, you have the right to numerous benefits, depending on the severity of your injuries. Benefits provided by workers’ compensation can include:
- Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s, or for the duration of the injury.
- Temporary disability: temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
- Permanent disability: awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Monetary amounts for permanent disability vary on a case-by-case basis.
- Supplemental job displacement: if you are unable to return to your employment after your treating physician has released you, you may be entitled to receive a voucher that will be paid up to a school up to a certain amount, depending on your disability.
- Travel Costs: travel to and from medical treatment such as doctor’s visits, surgery appointments, and rehabilitation can be partially or fully covered under workers’ compensation.
- Death benefits: in the result of a fatal accident at work, workers’ compensation pays qualifying dependents up to a maximum of $320,000 with up to $10,000 for burial expenses.
How Much Can I Receive for a Los Angeles Forklift Injury Workers’ Compensation Claim?
The compensation you can receive for a workers’ compensation claim will be dependent upon a number of factors such as:
- The severity of your injuries
- Your liability in the accident
- The insurance policy of the liable party or parties
- The amount of damages sustained from your injuries
The severity of your injuries will also determine whether you receive temporary or permanent disability benefits. Temporary disability (TD) benefit payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. By law, payments must be made every two weeks. If a payment is missed, the insurance company must pay penalties to you. The late payment penalty is generally between 10% and 25%, depending on the benefit and the reason for the delay.
Permanent disability payments begin within 14 days of temporary payments ceasing. Temporary payments typically cease after one full year since the injury occurred. If the permanent disability did not prevent absence from work, then disability payments must be made from the day the doctor classified the work injury as “permanent and stationary.”
If a careless act such as product liability, premise liability, or negligence causes your injury, then you would be entitled to personal injury damages. These damages, combined with workers’ compensation damages, would increase the amount of compensation you can receive.
Should I Hire a Lawyer After a Forklift Accident?
While hiring a lawyer is not always necessary, speaking with a forklift injury Workers’ Compensation Lawyer can be beneficial, especially if your injury was due to negligence. Legal complexities can easily arise from a forklift accident caused by carelessness and it is recommended to consult with an attorney when product liability or recklessness is involved in your case.
For example, if a forklift was sent to the warehouse you work at with a defective wheel causes the forklift to be unbalanced. If you happen to be driving that forklift when lifting a heavy object and the defective wheel causes the forklift to flip, you could end up with major injuries such as a crushed limb or traumatic brain injury (TBI). In that case, the manufacturer, the distributor, or even your employer can be held responsible for allowing a defective forklift to be operated. An experienced Workers’ Compensation Attorney can evaluate your specific case and advise accordingly.
Contact a Los Angeles Forklift Injury Workers’ Compensation Lawyer
If you were injured in a forklift accident, your general needs are most likely covered by workers’ compensation. But what will your life look like after you’ve recovered from your injury or when workers’ compensation is no longer covering your medical bills? These are difficult questions to answer, but the Workers’ Compensation Attorneys at Maison Law are experienced in cases where injured workers need the full extent of their damages covered. Even if your claim is denied or you’re in need of additional medical treatment, our law firm can help. Contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you will not be charged a cent unless we win your case.
