Of various types of workplace injuries that could result in a workers’ compensation claim in California, crush injuries are among the worst. They’re horrific enough just to think about: damaged organs, broken bones, massive internal bleeding – any of which can lead to extended time away from work and the potential for permanent disfigurement and impairment.
Whether or not you or someone you love can recover from a workplace crush injury, there are legal options available if the workers’ compensation process doesn’t work as intended. To learn more about filing a workers’ compensation claim for a crush-related injury in Clovis, contact Maison Law today. We have free consultations, and you don’t pay anything unless we can recover compensation on your behalf.
Why Crush Injuries Occur
Many work sites and job settings require workers like crane operators, carpenters, plant workers, and maintenance personnel to use powerful, large, and/or heavy equipment. On occasion, a combination of events can lead to catastrophic and even deadly accidents that result in crush injuries. Some of these events include:
- Insufficient supervision
- Inadequate safety equipment
- Defective equipment or machinery
- Misuse of equipment or machinery
- Poor training
- Unsafe working conditions
Where Do Crush Injuries Usually Occur?
Crush injuries usually happen when part of a worker’s body gets caught between two large or strong objects. Sometimes it’s just one object and a stationary point, like a wall, floor, or the ground. The most common workplaces for crush injuries are:
- Vehicles: Crush injuries are common in traffic accidents, especially given the size of many commercial vehicles. First responders often have to use special tools to remove victims from these accidents.
- Construction sites: Heavy equipment and machinery are often present on a construction site. Falling objects and vehicle tip-overs sometimes happen. Equipment may also malfunction, whether due to poor maintenance, improper use, or a mechanical defect.
- Warehouses: This is one of the more common sources of workplace crush injuries due to the equipment constantly being used. Some of these include stock carts, forklifts, and cherry pickers.
- Factories: The large machines with their fast -moving parts can lead to workers getting pulled into the machine and having a foot or hand crushed by the machinery. Safety protocols and guards on the machines largely prevent this from happening, but rules might be ignored or equipment malfunctions.
California has numerous laws and regulations to prevent these types of accidents, but despite efforts to maintain safe work environments, injuries sometimes still happen.
How to File a Workers’ Compensation Claim in Clovis
After you get immediate medical attention for your injuries, you’ll need to follow the steps below to get workers’ compensation benefits.
Step 1: Notify Your Employer
This is one of the most important things to do before filing a workers’ compensation claim. Often, you’ll be ineligible to receive workers’ compensation benefits until you give notice to the appropriate individual at work. This is usually a manager, supervisor, or someone in human resources or management.
Often, you’ll have just 30 days from the date of your crush injury to notify your employer. If you don’t, your workers’ compensation claim might be denied.
Step 2: Request the Necessary Paperwork
After you notify your employer, they should provide you with a Workers’ Compensation Claim Form (DWC 1). Your employer is required to provide you with this form within one working day after you report your injury.
Step 3: Complete Form DWC 1
You’ll need to provide as many details about your crush injury as possible. After completing the “Employee” section of this form, provide it to the appropriate person at your job. Your employer then completes the “Employer” section of the form before forwarding it to the workers’ compensation claims administrator. The sooner you return DWC 1, the better, as any delay could hurt your chances of receiving claim benefits.
Step 4: Confirm Benefits Offer Sufficient Compensation for Your Injuries
After you submit your paperwork, the claims administrator should either make a decision to accept or deny your claim. In some cases, they may instead tell you that further investigation is required. Either way, you should get a response within 14 days.
If the claims administrator accepts your claim and eventually approves your benefits, ensure the benefits you receive are enough to cover your out-of-pocket medical expenses and lost wages, if applicable. If you believe your claim was wrongly denied, you can appeal the decision. If you feel your approved benefits are insufficient, you’ll want to talk to a workers’ compensation lawyer, such as one from Maison Law, to negotiate additional workers’ compensation benefits.
In rare cases, you won’t rely on only the workers’ compensation system in California to recover money for your medical bills, lost wages, and other losses. Instead, you’ll take your case to court.
Taking Legal Action for Your Crush Injury
Most workplace crush injuries don’t result in courtroom litigation and are handled by the workers’ compensation process. This is true regardless of who was at fault for the accident. In some cases, you’ll be able to go to court, though. This is often the case in a third-party civil suit.
Potential Defendants In a Workers’ Compensation Lawsuit
If you’re allowed to seek additional compensation outside California’s workers’ compensation legal framework, you’ll probably do so with a personal injury lawsuit. There can be any number of potential third-party defendants in a work-injury personal injury lawsuit, such as:
- The company that made the equipment or tool that crushed you.
- The company that was to repair and/or maintain the equipment or tool that crushed you.
- An outside contractor hired by your employer.
- A government entity.
- The property owner where the injury took place.
Situations where you can sue your employer for your work-related crush injuries are limited. Under California law, you can’t sue your employer, even if they’re at fault for your injuries, unless an exception applies. Some of these exceptions include your employer:
- Intentionally hurting you.
- Failing to carry workers’ compensation insurance.
- Knowingly hiding a dangerous condition that led to your injury.
- Manufacturing a defective product that harms you (dual capacity doctrine).
Potential Damages You Can Recover
If you find yourself in court to sue for damages stemming from your Clovis workplace crush injuries, you can potentially seek recovery for:
- Lost earning potential
- Pain and suffering
- Added living expenses that you have to pay as a result of your injuries, such as a housekeeper or landscaper to complete chores you can no longer handle on your own.
- Emotional distress
- Loss of consortium
- Punitive damages, which are intended to punish the defendant as opposed to compensating you for economic and non-economic losses.
It’s important to understand that punitive damages aren’t common and are only awarded when a defendant’s conduct was especially egregious.
When You Need to Talk to a Workers’ Compensation Attorney
If the California workers’ compensation process works to pay your medical bills and replace lost income in a timely manner, fantastic! Unfortunately, this doesn’t always happen. This is particularly true when the injury results in permanent disability and/or pain that affect daily living and work. A Clovis workers’ compensation lawyer can help with your claims process, even if you don’t need to file a lawsuit in court. A lawyer’s guidance can prove helpful if:
- The insurance company denies your claim.
- The workers’ compensation benefits aren’t enough to cover your medical bill, lost income, and other financial burdens.
- The crush injury results in a permanent disability.
Talk to a Clovis Crush Injury Workers’ Compensation Lawyer
If you’ve suffered a crush injury at work and the workers’ compensation process hasn’t been able to offer you full compensation, you should get in touch with a Clovis workers’ compensation attorney, such as one from Maison Law. Or maybe you’re seeking additional legal remedies by suing one or more third parties. Either way, we know all you’re looking to do is get things back to the way they were before you got hurt. Contact us today to set up a free consultation and case evaluation to find out how to do this.
