Maison Law of California stands ready to help crop pickers and harvesters injured while on the job. Workers’ compensation support helps those hurt at work, but not every victim is treated fairly, and not everyone receives the same amount of support. We want to make sure farm workers left with injuries have the money to pay every medical bill and support their families.
Contact us today for a free consultation to learn more about your options that may go beyond standard workers’ comp benefits.
Maison Law also represents undocumented workers in workers’ compensation claims. We negotiate to get the most for victims. We also take legal action if employers attempt to retaliate against injured workers. This type of behavior is against California law.
Do I Need a Lawyer After an Accident While Harvesting Crops?
If you receive only a minor injury and only miss a few days of work, you may not require the help of a lawyer to get fair treatment through workers’ compensation.
However, when your injury is more severe, like a broken arm, a back injury, or head trauma, medical bills will be higher and employers will fight harder to avoid accepting blame. California’s Division of Workers’ Compensation and an orchard owner can question how serious your injury is and try to provide less than you need for medical support.
They might falsely claim that the accident took place outside of your work duties or after work hours. You need a strong defense against these tactics that might leave you with zero support after getting injured.
The guidebook provided by The California Department of Industrial Relations (DIR) explains that you should consider hiring a lawyer if you believe your employer or a claims administrator is treating you unfairly. The department also recommends seeking legal counsel if you’ve suffered a permanent disability.
You should also contact a lawyer if you feel you might have to file a lawsuit against your company to get fair compensation.
Strong legal representation can often secure much more in compensation for you than you could win yourself. If you feel a California Workers’ Compensation Lawyer can maximize the support you receive, you won’t need to worry about how you’ll afford to pay your attorney. Maison Law doesn’t get paid unless we win your case for you. Then our fee comes out of the support workers’ comp or your employer must pay you.
Work Dangers for California Crop Pickers
Crop pickers work long hours in the elements and often in less-than-safe settings. They may be up on a ladder or a platform at risk of a devastating fall. Farm and orchard owners might also fail to provide their employees with the necessary safety equipment to avoid injury and sickness.
Harvesters also work around and with some heavy, fast-moving machinery. The human body has no defense against exposure to powerful mechanisms like belts, rollers, and blades. Harvesters might also have to perform their duties around forklifts and packing machines.
The National Safety Council (NSC) reports across the nation there were 27,500 farm workers, fishing workers, and forestry workers injured between 2021 and 2022. Those accidents led to over 200 tragic fatalities. Injured workers in the agricultural industries missed an average of 7 days of work.
Common Hazards for Harvesters
These are just a few of the risks crop pickers face each day:
- Operating and working on or in close proximity to harvester machines, combines, and fruit-harvesting platforms
- Accidents while driving farm vehicles
- Falls from great heights from trees and platforms and while transporting fruits and vegetables in warehouses
- Slip-and-fall accidents
- Collapse accidents with stacked fruits and vegetable boxes
- Falling accident hazards
- Exposure to dangerous chemicals like pesticides and developing illnesses over time
- Exposure to natural elements out in the field and suffering frostbite or heat exhaustion and dehydration
- Muscle and
- Repetitive Motion Injuries
These and other dangers could all leave a farm worker with painful, life-threatening injuries. Victims could be out of work for months without a way to support themselves and their families. Workers’ Compensation is designed to help injured workers in the aftermath of an accident, but employers can deny that your injury happened on the job. California’s Division of Workers’ Compensation may claim that your injury is healed before your doctor feels it is. They can cut off support early to victims in pain.
A Maison Law attorney makes sure the truth reaches a workers’ compensation judge. The judge will hear about every hardship you’ve been through, with each damage backed up with documentation and evidence. Judges can make mistakes, but they’ll be much more likely to extend a fair judgment for you if they know the full details of an accident, the employer’s negligence, and the devastating effects on your life.
Support for All Farm Laborers Hurt on the Job
How Can a Lawyer Help Improve Support I Receive from a Workers’ Compensation Claim?
Workers’ Compensation protects all farm workers in California, but not all workers will receive the same level of support. The amount on a settlement check you receive can vary greatly depending on the evidence you collect and the manner in which you file your claim.
Some cases are decided by a Workers’ Compensation judge and your ability to accurately explain and document the hardships you’ve been through will affect how much that judge awards.
Allowing a skilled attorney to handle this process can often help you walk away with much more for your injury. A California Crop Picker Injury Lawyer won’t let you miss out on benefits that you may not have been informed of. Your lawyer also acts when your employer’s lawyers try to blame you for an accident or question how badly you are hurt.
These are only a few of the added protections your lawyer will provide:
- Protects your rights
- Investigate and collect evidence to support your claim
- Proving that an employer’s negligence was to blame
- Keep track of deadlines
- Files your claim correctly when a case is properly prepared
- List all hardships that must be compensated
- Represent the victim before a workers’ compensation judge
- Negotiate for the maximum support available based on similar past cases
- Makes sure you receive every benefit available
- Protects you from retaliation by your employer
- Protects you if you are fired unjustly after an injury
- Handles this entire frustrating process while you are allowed to focus on healing
Frequently Asked Questions
What if I can’t afford to pay a California workers’ compensation lawyer?
You can always afford the help of a skilled Maison Law attorney. We work on a contingency fee basis. It means we cover all upfront costs and you owe us nothing unless we win your case for you. Then our fee comes out of the workers’ compensation check you receive.
How much does a worker’s compensation lawyer earn?
If successful, the lawyer would usually receive between 9% and 15% of the award the client received. The complexity of the case would usually determine the exact fee. A Workers’ Compensation judge checks over the fee to make sure it’s fair and has to approve it. Make sure to ask your potential attorney about how much they charge and how they get paid before making a hire for your case.
How long can I wait to file a California Workers’ Compensation injury claim?
Injured workers usually have one year from the date of the accident to file a claim. In some cases, the one-year deadline counts down from the day the worker learns of an injury or illness. The deadline could be extended if the victim is under the age of 18.
What types of things can earn support through a Worker’s Comp claim?
Victims can seek help with all medical bills. They can receive temporary and permanent disability benefits depending on the severity of an injury. Victims should also receive money to help pay for training and education for a new career if they are unable to return to their previous jobs.
Can an employer be held responsible if a loved one dies in a fatal accident at work?
Yes, in certain instances. Workers’ compensation provides death benefits to families left behind, but an employer could also be sued for contributing to a fatal accident in some cases. A California Wrongful Death Attorney would explore the family’s options to hold an employer financially responsible for the tragic loss of life.
Contact a California Crop Pickers Accident Workers’ Compensation Lawyer
The most important outcome is that the injured and those who lose their ability to support their families get the full support they require for as long as necessary. Deciding which legal option is right for your situation can be difficult, but you don’t have to make the decision alone.
There’s an easy way to find out which path offers you the fastest route to the support you and your family desperately need. Speak to Maison Law in a free, no-obligation consultation. We want to hear about what happened to you and then help you determine the best course of action for your family.
