Maison Law represents equipment operators injured on the job in California. If you or a loved one has suffered a work-related injury while operating construction, repair, farming, or mechanical equipment, the Workers’ Compensation Attorneys at Maison Law are here to help you get the compensation you need to recover the full extent of your damages.
Our team will investigate the circumstances of your injury, bolster your workers’ comp claim, and protect your right to compensation. Contact Maison Law today for a free consultation and case evaluation.
Common Reasons for Equipment Operator Accidents
Crane operators, plumbers, electricians, carpenters, and maintenance workers are required to use a number of powerful equipment on the job every day. However, the slightest misstep can lead to catastrophic injury, or in worst cases, death. For that reason, strict safety measures are put in place to prevent accidents, but mistakes do happen. The most common reasons for equipment operator accidents include:
- Lack of safety equipment
- Inadequate training
- Defective machinery
- Poor supervision
- Unsafe construction site or job design
- Loose wires or discarded objects
It is important to understand the root cause of your accident in a workers’ compensation claim because the cause typically reveals the liable party. While workers’ compensation covers any work-related injury, injured victims are entitled to pursue additional damages from the liable party, depending on the circumstances of their accident. Common liable parties for an equipment operator accident include:
- Equipment manufacturing company
- Equipment repair company
- Property owner
- Government entity
Maison Law Helps Injured Equipment Operators in California
Equipment injuries are often severe and require extensive medical treatment. The unfortunate reality about workers’ compensation is that they have the authority to deny medical treatment to injured workers. And oftentimes, it can be difficult to get approval for numerous medical procedures from workers’ comp, even if your doctor requests it. At Maison Law, we stand up for equipment operators who have been injured at work. The majority of injuries we’ve seen from equipment operator workers’ compensation claims include:
- Electrocution
- Amputation
- Broken bones
- Burns
- Spinal cord injuries
- Internal organ damage and internal bleeding
- Welder’s eye (corneal burn)
Get the support of an experienced Workers’ Compensation Lawyer after your accident to recover medical care, lost wages, and all other workers’ compensation benefits you are owed.
Your Rights While on Workers’ Comp in California
The state of California recognizes the importance of protecting employees who sustain work-related injuries. Workers’ compensation is designed to provide crucial benefits to injured victims, ensuring they receive medical treatment, compensation for lost wages, and assistance in returning to the workforce. These benefits serve as a foundation of labor rights in the state of California. California also provides injured workers with:
- Protection from Retaliation: protection from retaliation is an essential right that prevents employers from taking adverse actions against employees for the sole reason of filing a workers’ compensation claim. Injured employees are also protected from the following employer actions:
- Termination
- Reduction of work hours
- Demotion
- Punitive measures
- Presumption of Retaliation: 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.
- Legal Recourse: wrongful termination while on workers’ compensation requires prompt action by the injured employee to ensure their rights are protected. A workers’ compensation attorney can provide valuable legal guidance and advocate on your behalf by gathering evidence to support your claim and represent your interests in legal proceedings.
- The Ability to Seek Redress: to seek redress for wrongfully denied claims or premature termination, injured workers can submit their claim to California’s Division of Worker’s Compensation. This department provides injured employees with the proper steps to resolve workers’ compensation issues under California Law.
Types of Worker’s Compensation Settlements
Worker’s compensation can be settled through a compromise and release, or a stipulation and award. The difference between these types of settlements can have a substantial impact on lawsuits, which is why it is important to consult with a worker’s compensation attorney before accepting one.
Under a compromise and release settlement, the insurer will offer you a lump sum of money to settle your lawsuit. This settlement can be accepted all at once or spread out over time in a structured settlement. This amount typically reflects your lost wages, ongoing treatment, and out-of-pocket expenses. Once this settlement is accepted, your worker’s compensation claim is closed.
While less common in worker’s compensation claims, a stipulation award is a settlement that creates an ongoing relationship between the injured victim and the insurer. The insurer agrees to continue to pay medical bills associated with the work-related accident while continuing to pay disability benefits caused by your impairment.
Contact a Equipment Operator Workers’ Compensation Lawyer in California
If you are injured on the job, you will receive temporary disability benefits through workers’ compensation, even if you were at fault for causing the accident that led to your injury. To begin receiving workers’ compensation benefits you do not need a lawyer. However, an attorney will ensure you receive the maximum amount of benefits from your workers’ compensation claim and protect you from liability if necessary. To discuss your claim with an attorney, 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 a dime unless we win your case.
