If you suffer a work-related injury, there’s a good chance it’s the result of a fall. Falls can take place in any workplace or industry, even if you work in an office. Yet the injuries that can come with a fall can have a devastating effect on your ability to work and on your home life. This is one reason why California has its workers’ compensation system, to make things easier and faster for injured employees to receive compensation for their injuries.
However, this system doesn’t always work as intended. Workers’ compensation insurance claims can get wrongfully denied. There can also be delays in benefits getting paid to workers or the benefits received are insufficient to fully compensate the injured worker. If any of these scenarios apply to you, it’s time to talk to a Clovis workers’ compensation attorney, such as one from Maison Law. To see how we can help, schedule a free consultation and case evaluation.
An Overview of Workplace Fall Accidents
Fall injuries are among the leading causes of workplace accidents, across all industries. According to the National Institute for Occupational Safety and Health (NIOSH), most fatal falls occur in the construction industry. However, when it comes to non-fatal falls, the industries with the most number of fall injuries are education, healthcare, social assistance, and health services. Falls can occur in other industries, such as:
- Transportation
- Cargo moving
- Building maintenance and cleaning
- Nursing care
- Residential care
- Ambulance services
Preventing Fall Injuries
The United States Occupational Safety and Health Administration (OSHA) has created special rules and recommendations for employers to follow to prevent fall-related workplace injuries. A few of these preventative steps include:
- Using railings, hole covers, and toe-boards to guard every floor hole a potential worker can unknowingly walk over.
- Using toe-boards and guard rails around any elevated and open-sided platform, runway, or floor.
- Setting up barriers such as guardrails around areas that are dangerous to fall into, such as vats of chemicals or dangerous machinery.
- Installing fall protection measures, such as safety nets, railings, and handrails.
- Training workers about fall protection measures.
- Providing personal protective equipment (PPE), such as harnesses, helmets, and vertical gear.
- Requiring that work floor areas remain clean and free from slippery wet areas.
- Removing any known dangerous conditions from workspaces.
What To Do After Suffering a Fall Injury in Clovis
If you injure yourself falling at work, you’re probably wondering how you’re going to pay your medical bills. And if you have to miss time at work recuperating, you’re also worrying about how to pay your bills. The California workers’ compensation system was designed to alleviate these fears by offering monetary benefits for medical expenses and missed work.
Receiving these benefits isn’t automatic, though. You’ll need to take several steps to get the claims process started, which are discussed below.
Step 1: Get Necessary Medical Treatment
If your injury is serious, call 9-1-1 or have someone take you to the emergency room. If the injury isn’t life-threatening, you might be able to go to an urgent care clinic or make an appointment with your primary care medical provider instead. Either way, don’t ignore your injuries or refuse to get medical care.
Step 2: Notify Your Employer of Your Injury
This is a critical step that you need to do as soon as you can. Waiting too long to do it could bar you from workers’ compensation benefits. Generally speaking, you have 30 days from the date of injury to inform your employer of the accident. After you let your employer know, they should provide you with a copy of the Workers’ Compensation Claim Form (DWC 1).
Step 3: Complete DWC 1
Fill out the “Employee” section of this form, then give it to your employer to complete the “Employer” section of the form. They should then forward it to the claims administrator and send you a copy of the completed form as well.
Step 4: Complete the Insurance Investigation
In most cases, the claims administrator will let you know about the need to conduct further investigation into your claim. If additional investigation is necessary, you should hear from the claims administrator within 14 days of their receipt of your DWC 1.
The investigation will probably include a review of your medical records, the claims administrator talking to witnesses about the accident, and you having to meet with a Qualified Medical Examiner (QME) for a medical exam. It’s often a good idea to consult with a workers’ compensation lawyer if you’re asked to see a QME.
Step 5: Recuperate and/or Return to Work
Make sure you follow your doctor’s treatment recommendations. The last thing you want is to ignore medical advice, then try to argue your workers’ compensation benefits are insufficient. If possible, try to return to work as well. Depending on how serious your injuries are, you might be able to return to work and fulfill a modified role.
If you can’t return to your old job, even with modified job duties, you might need to change careers. If doing so requires you to go back to school, California workers’ compensation benefits can sometimes include financial assistance for this additional training.
Getting Legal Help During the Workers’ Compensation Claims Process
The workers’ compensation claims process doesn’t always go according to plan. Therefore, it’s sometimes worth hiring an attorney with experience handling workers’ compensation claims for assistance. Hiring an attorney can help in various situations, such as:
- Appealing a claim you feel was wrongfully denied.
- Negotiating with the workers’ compensation insurance company that’s being slow to process your claim and/or send out promised benefits.
- Making sure the awarded benefits are sufficient to cover your medical bills and/or lost wages (temporary disability).
- Challenging the workers’ compensation insurance company if you’re permanently disabled, but they disagree with the permanency of your injuries or the amount of your disability payments.
If it turns out you need to hire a lawyer to help with your workers’ compensation claim, understand that it might not make your employer happy. But rest assured that California law prohibits your employer from retaliating against you for seeking workers’ compensation benefits.
Why You Should Speak to a Workers’ Compensation Attorney if You’re Hurt in a Fall
In addition to assisting during the claims process, a workers’ compensation lawyer can also help if you need to file a lawsuit against those who contributed to your injury, especially if they’re severe, like a traumatic brain injury. Depending on the facts of your case, you might need to sue a:
- Co-worker
- Site manager
- Property owner
- Outside contractor
- Parts retailer, distributor, or manufacturer
- Government entity
In rare cases, you might also need to sue your employer. But workers’ compensation law in California generally prohibits this unless an exception applies. Two such exceptions include your employer not having workers’ compensation insurance or your injuries being the result of an intentional act.
If you’re able to successfully sue for personal injuries sustained from an on-the-job fall, you could potentially recover:
- Lost income
- Lost future income
- Medical expenses, both past and future
- Emotional distress
- Pain and suffering
- Loss of consortium
- Punitive damages
Get Help With Your Clovis Fall Injury Workers’ Compensation Claim
If you or a loved one suffered an injury while working in Clovis, but the workers’ compensation claims process hasn’t provided sufficient compensation, contact Maison Law today. Our dedicated legal team is ready to help you recover the compensation necessary to make your life as close to normal as possible. To learn how, reach out to set up a free consultation. We’ll evaluate your case and see what sort of benefits and damages you may be entitled to, then advise you on the options available to obtain that compensation.
