San Jose Crush Injury Workers Compensation Lawyer

Maison Law advocates on behalf of victims suffering from work-related crush injuries in San Jose. If you’ve suffered broken bones, internal organ failure, or any major injury due to heavy forced weight against your body while at work, our team of San Jose Workers’ Comp Attorneys will help you get compensated for everything you’ve been through. A devastating injury may seem impossible to come back from, but there are legal options available to victims of work-related victims. Contact Maison Law today for a free consultation and get the legal help you need.

Do I Need a San Jose Crush Injury Lawyer?

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 San Jose are entitled to workers’ compensation, but oftentimes, workers’ compensation can serve as more of a barrier to benefits, rather than a provider. A San Jose Workers’ Compensation Lawyer can help manage your claim and help you if your benefits are:

• 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.
• Result in 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.

Common Workplace Crush Injury Accidents

Crush accidents 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.

For these reasons, California Law requires employers to provide employees with a safe place to work and to prevent injuries in all occupations. If your crush injury was due to an unsafe work environment or negligence, then you may be entitled to additional compensation.

Common Reasons For San Jose Crush Injuries in the Workplace

Crane operators, plumbers, electricians, carpenters, and maintenance workers are required to use a number of powerful equipment on the job every day in San Jose. 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 a third party outside of workers’ compensation. Suppose your crush injury was caused by someone else. You can then file a personal injury lawsuit against them to be compensated for medical bills, missed time at work, and emotional damages. Common liable parties for crush accidents include:

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

How to File a San Jose Crush Injury Workers’ Compensation Claim

Suffering a crush accident at work can be a traumatic experience. You can help your situation by following these steps immediately after your injury occurs:

1. Tell your manager, supervisor, or someone in the administration department at your job about your fall injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation. If your claim is denied, consult with a San Jose Workers’ Compensation Lawyer to see what legal options are available to you.
2. 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.
3. Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your fall injury in great detail and fill out only the employee section of the form.
4. 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.

Can I Sue an Equipment Manufacturer After a Crush Injury in San Jose?

In California, a manufacturer’s liability will typically fall under product liability law. Product liability holds manufacturers, distributors, and retailers accountable for providing a safe product for consumers. If a defective car part causes your crush injury, you can pursue a lawsuit against the manufacturer based on:

1. Strict liability: a manufacturer can be held responsible for strict liability. The injured plaintiff must prove the equipment was defective and the defect was a direct cause of their injury. Strict liability can be imposed for three types of product defects:
   1. Manufacturing defects
   2. Design defects
   3. Warning defects (inadequate warning)
2. Carelessness: requires the plaintiff to prove the defendant failed to exercise reasonable care in the design, manufacture, or distribution of their product, which caused substantial injuries.
3. Breach of Warranty: warranties guarantee equipment performance, but if a part of the equipment fails to meet these guarantees, a breach of warranty could be pursued.

Contact A San Jose Crush Injury Workers’ Compensation Lawyer

Workers hurt in crush accidents are entitled to workers’ compensation benefits and compensation for their damages if injured by a third party. At Maison Law, we have experience holding workers’ compensation insurance and third parties liable for damage done to workers in San Jose, resulting in numerous clients getting the compensation they need after a horrific injury. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not pay a cent unless we win your case.