Maison Law represents victims of dock injuries in California. If you or a loved one has been injured in a dock accident, the premise liability attorneys at Maison Law can help you get the compensation you need. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Dock Injury Workers’ Compensation Claim in California?
According to OSHA, accidents occur on docks far more than they do in general construction. Docks present the most danger to individuals who work in the maritime industry. Dock injuries often include back and spinal cord injuries, traumatic head injuries, and broken bones, which require extensive medical treatment as well as missed time from work. While workers’ compensation can attend to some of the financial burdens acquired from treating a severe dock injury, there are unforeseen damages such as mental trauma and future medical bills that can go unaccounted for.
A workers’ compensation lawyer will work with you to hold all liable parties responsible for your injuries, as well as file a lawsuit to claim the following damages on your behalf:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs to damaged property (if applicable)
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
Does California Workers’ Compensation Cover Dock Injuries?
By California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. Workers’ compensation applies to any injury or illness, which occurs in the workplace as a result of work-related duties. Workers’ compensation covers both physical and mental conditions, whether they occur immediately or over time. Workers’ compensation policies provide compensation for injured dock workers who are hurt on the job. Some dock injuries may qualify for surgery, wrist braces, and other necessary medical treatment if requested by a doctor and approved by workers’ compensation.
While workers’ compensation can be beneficial to workers suffering from dock injuries, it may not comprehensively cover the full extent of your damages. For example, workers’ compensation may approve physical therapy or short-term treatment, but they may deny you surgery, even if a doctor requests it. This can leave you living and working with unnecessary pain. In these situations, it is important to discuss your legal options with a workers’ compensation attorney.
Employer Safety Responsibility Under OSHA Law to Prevent Dock Injuries in California
According to U.S. Bureau of Labor, there were over 64,000 freight and material transport industry-related injuries in 2022 alone. Oftentimes, these injuries were due to a violation of OSHA regulations. In California, you have the right to request an OSHA inspection of your dock workspace without the fear of employer discrimination. You can file a complaint with OSHA and request an inspection here.
Your employer is responsible for providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the work of your employer. Under OSHA law, your employer is responsible for the following:
- Providing a safe working environment, means they are tasked with adhering to all the regulations that govern the company’s work.
- Provide daily inspections of the workplaces that are prone to hazardous conditions to make sure they adhere to OSHA standards.
- Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
- Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.
Common Types of Dock Worker Injuries
Believe it or not, some of the most common dock and pier accidents involve vehicular traffic. For example, an inattentive driver on the dock may not notice the loading process taking place and drives into the side of a forklift going from one side of the dock to the other. The forklift tips over, causing horrific damage to the forklift operator who was loading and unloading cargo. Other types of dock accidents include:
- Crane and winch accidents
- Shipping container accidents
- Gangway accidents (injuries occurring on the ramp that leads up to a cargo ship)
- Structural collapse of wooden docks due to poor maintenance
- Vehicle accidents
- Fires and explosions when working with hazardous materials
- Slips, trips, and falls
What is the Typical Compensation for a Dock Injuries Workers’ Compensation Claim in California?
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 your compensation you will typically receive. However, for a more specific amount, a workers’ compensation attorney can help you understand the value of your case.
Contact a Dock Worker’s Compensation Lawyer in California
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation, the attorneys at Maison Law will pursue the full extent of damages you are owed. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law to get you the compensation and medical attention you are entitled to.
Contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you will not be charged a cent unless we win your case.
