Maison Law represents farm laborers injured on the job in California. If you or a loved one has been injured while working farm labor, the workers’ compensation attorneys at Maison Law can ensure your right to fair compensation and medical treatment. To recover the maximum damages from workers’ compensation, contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Farm Laborer Workers’ Compensation Claim in California?
Even though employers are required to carry workers’ compensation according to California law, many companies in the farming industry do not. So, what do you do if you suffer an on-the-job injury and your employer does not have coverage?
One option for farm laborers in this situation is the Uninsured Employer’s Benefit Trust Fund (UEBTF). When a claim is paid out via UEBTF, the uninsured employer will be forced to pay your damages out of pocket, and may suffer a lien against their business’s property.
Another option is to contact a workers’ compensation attorney. Even if your employer provides workers’ compensation benefits after you’re injured, workers’ compensation may not comprehensively cover the full extent of your damages. For example, workers’ compensation may approve some medical treatment, but they may deny additional surgery or treatment, even if a doctor requests it. This can leave you in the tough situation of living and working with unnecessary pain. A workers’ compensation attorney can file a lawsuit against your workers’ compensation provider, as well as the party responsible for your damages. These damages include:
- 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
Can Undocumented Farm Laborers File a Workers’ Compensation Claim in California?
Undocumented workers make up a large percentage of workers in the agricultural industry. According to a National Agricultural Worker Summary in 2020, undocumented workers make up 44% of the agricultural industry in California. However, even though many farm laborers in California are undocumented, they are still entitled to file a workers’ compensation claim if injured on the job.
Undocumented workers can settle their workers’ compensation claim via Compromise and Release, which is a lump sum awarded to the injured victim to end the workers’ compensation claim. Or, an undocumented worker can seek compensation through Stipulated Findings and Awards. A Stipulated Findings and Award is a judge’s determination based on evidence to award an undocumented farm laborer workers’ compensation benefits. A trial must be conducted for there to be a Stipulated Findings and Award, which is why it is essential to contact a reputable workers’ compensation attorney to help you handle your claim.
Common Risks Associated with Farm Labor in California
Farm work can be dangerous. Everyday farm laborers risk injury by performing intense physical labor in occasionally harsh conditions. According to the CDC, there were 416 deaths recorded in 2017 as a result of farm-related accidents and injuries. Some of the most common injuries farm laborers suffer include:
- Sprains and strains: With lots of bending, reaching, and lifting involved in farm laborer, sprains and strains are the most common injury among farm workers
- Heat Stroke: Farmers and farm workers spend hours in hot temperatures with minimal time to stop for water, making many workers susceptible to heat stroke
- Crushed between objects: Agricultural work involves lots of heavy machinery, which can cause serious injuries or death if proper safety precautions are not adhered to.
How to File a Farm Laborer Workers’ Compensation Claim in California
California is one of the states that requires employers to carry workers’ compensation coverage for all agricultural workers without exception. If you find yourself with an on-the-job injury, you can file a workers’ compensation claim form here. You can also request a Workers’ Compensation Claim Form (DWC 1) from your employer who is required to give you or send via mail within one working day after your injury is reported. You should fill out the employee section on this form and return it to your employer as soon as possible to avoid possible problems with your claim.
After submitting your claim, it is essential to get good medical care for your transportation injury. You should seek out treatment from a doctor who understands your particular type of injury. The doctor you choose will be known as your “primary treating physician” throughout the workers’ compensation process. The role of this doctor is to:
- Prescribe care for your job-related injury
- Manage your overall care
- Help determine when or if you can return to work
- Help identify the kinds of work you can do safely while recovering
- Refer specialists if necessary
- Write medical reports that will help determine the benefits you can receive
Contact a Farm Laborers Workers’ Compensation Lawyer in Califorina
It is recommended to speak to a lawyer as soon as you suffer a work-related injury. Maison law specializes in the complex legal process of workers’ compensation claims and protecting the rights of injured farm laborers. Our firm will build a strong claim on your behalf and file a lawsuit against workers’ compensation, as well as the liable party’s insurance. For expert legal counsel, contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you will not have to pay a cent unless we win your case.
