Maison Law helps injured workers in Clovis manage their workers’ compensation claims to recover the compensation they need to get their lives back on track. If you or a loved one has filed a workers’ compensation claim for fall injuries but has not received the proper care through workers’ compensation, or your claim has been denied, Maison Law will take the legal steps necessary to recover what you’re entitled to.
Understand your legal options for your workers’ compensation claim today by contacting Maison Law today for a free consultation and case evaluation.
How a Workers’ Compensation Lawyer Can Help
Fall injuries typically involve broken bones, traumatic brain injuries (TBI), and soft tissue damage. Through workers’ compensation, your medical bills for these serious injuries will be covered, and your time missed at work during recovery will be compensated by temporary disability.
However, workers’ compensation does not take into account other costs, such as the financial burdens you and your family may endure or the emotional pain brought on by such a traumatic incident. That’s where a Workers’ Compensation Attorney can help. In addition to filing a lawsuit against workers’ compensation to ensure you receive all your benefits, an attorney will file a personal injury lawsuit against the liable parties who contributed to your injury. These liable parties can include:
- Property owner
- Co-worker
- Site Manager
- Contractor
- Parts manufacturer, distributor, or seller
- Government entity
Through a personal injury lawsuit, injured workers can claim the following damages:
- Lost wages
- Loss of future income
- Medical bills
- Continued medical treatment
- Emotional distress
- Pain and suffering
- Loss of consortium
Get a Free Consultation
Maison Law offers a free consultation to all injured victims in California. Our Workers’ Compensation Lawyers are here to discuss the details of your incident at no cost to you. Our firm will evaluate if you have an injury claim and the next steps you should take, free of charge. Everything you discuss with us is protected under attorney-client privilege, even if you decide not to take legal action. For more information, contact Maison Law today for a no-cost, no-obligation consultation.
How You Can Strengthen Your 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 under California Labor Code 5400.
- 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.
Filing a Lawsuit Against Workers’ Compensation for a Fall Injury in Clovis
Any injured worker in Clovis has the right to compensation and can file a lawsuit against workers’ compensation. If an injured person feels as though they have been treated unfairly at any time during the workers’ compensation process, they can file a lawsuit to get the workers’ compensation benefits they need. Other reasons for filing a lawsuit against workers’ compensation include:
- 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.
It is important to note that filing a lawsuit against workers’ compensation does not affect or change the status of your employment with your employer. In fact, employees are protected from retaliation by their employers. If an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation.
OSHA Workplace Fall Prevention
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
If your employer, a property manager, or another third party has violated these standards, then you may be able to file a personal injury lawsuit to receive additional compensation.
Typical Compensation for a Fall Injury Workers’ Compensation Claim
While workers’ compensation claims will vary on a case-by-case basis, certain factors will largely determine the amount of compensation you can receive. These items can be calculated based on your economic damages and non-economic damages, which include:
- 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
The more severe your damages are, the more compensation you will typically receive. However, for a more specific amount, one of the Workers’ Compensation Attorneys at Maison Law can help you understand the value of your case.
Contact a Clovis Fall Injury Workers’ Compensation Lawyer
If you or a loved one has been mistreated, neglected, or inadequately compensated by workers’ compensation after suffering a fall injury in Clovis, Maison Law is here for you. Our dedicated Workers’ Compensation Attorneys will relentlessly pursue the full extent of the damages you are owed by workers’ comp and any liable third party. For help managing workers’ comp claims and protecting your right to compensation, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services, and you will not be charged anything unless we win your case.
