Maison Law advocates on behalf of workers injured in fall accidents in San Jose. If you’ve suffered broken bones, soft tissue damages, or any other traumatic injury due to a fall at work, the San Jose Workers’ Comp Attorneys at Maison Law will help you get the benefits you are owed and seek additional damages if a third party was at fault for your injuries. Contact Maison Law today for a free consultation and get dedicated legal counsel for your workers’ compensation claim.
Do I Need a Lawyer to Receive Workers’ Compensation?
In California, you are entitled to workers’ compensation benefits regardless if you were at fault for the incident. Also, your employer is required by law to provide you with workers’ compensation under California Labor Code Section 3700. So, to begin receiving workers’ compensation benefits, you do not need a lawyer. However, an attorney can be beneficial in managing your claim and ensuring you receive all of your benefits. The benefits most injured workers are entitled to include:
- Travel costs
- Temporary disability
- Permanent disability
- Medical coverage
- Supplemental job displacement
- Death benefits (if applicable)
A San Jose Workers’ Compensation Attorney can also help you 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.
- 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.
How to File a Fall Injury Compensation Claim in California
While telling your boss or manager about your work-related injury the moment it happens is a great first step, it does not make you eligible for benefits through the workers’ compensation program. You must complete the following steps to receive and submit a workers’ compensation form:
- 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.
- 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 fall 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.
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. According to San Jose Insider, the jobs with the most fatalities include transportation, material moving, and construction. Other jobs where deadly falls are not uncommon include:
- Roofing
- Window cleaning
- Logging
- Industrial maintenance
- Electricians
Fall Prevention in The Workplace in San Jose
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
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 that are 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.
How Can You Strengthen Your Fall Injury Workers’ Compensation Claim
If you’ve suffered a serious fall injury at work, you may wonder where your next paycheck will come from or how you’ll provide for your family. While workers’ compensation is meant to protect employees from financial burdens after an injury, it doesn’t always work that way. No matter how severe your injuries, workers’ compensation insurance will always attempt to avoid paying as much as they can. That’s why filing a successful claim is important. To strengthen your claim after an injury you should:
- Get medical treatment: Call 911 if necessary or have someone take you to an urgent care facility or hospital. If first aid is available, then begin treating your injury as soon as you can.
- Report the injury to your employer: Request a Workers’ Compensation Claim Form (DWC 1) from your employer, fill it out, and give it back to them within 30 days as required by California Law.
- Insurance investigation: Workers’ compensation will most likely investigate the claim, which will allow them to review your medical records and speak to witnesses.
- QME evaluation: Workers’ compensation will select a Qualified Medical Examiner for you to see. These exams can be tricky, depending on the circumstances. Before a QME, it is recommended to consult with a Workers’ Compensation Attorney.
- Return to Work: By law, employers must offer you a modified role to accommodate your medical restrictions. If returning to work isn’t feasible, workers’ compensation may help you find another job in a different line of work through a vocational rehabilitation specialist.
Contact a San Jose Fall Injury Workers’ Compensation Lawyer
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 San Jose area. Schedule your free consultation and case evaluation by contacting Maison Law today. There are no upfront charges for our services and you will not be charged a cent unless we win your case.
