Maison Law helps workers who are injured or sick on the job by guiding them through the injury claims process. This can either unfold with a workers’ compensation claim or, potentially, a lawsuit. We can guide you through the whole process and make sure you get the benefits you need to get better. If you’re a maintenance technician and have suffered a work-related injury or illness, contact us today for a free consultation to talk about your options.
Do You Need a Lawyer?
Getting a lawyer for a workers’ comp claim isn’t required in California, just like it isn’t required for any injury claim. But whether or not you need one all depends on your situation. As a maintenance tech, you work in pretty hazardous conditions even under the best of situations. There’s always the chance that an injury could happen suddenly–or even develop over many years. This makes workers’ compensation a viable option for you, but having our team can be very beneficial. Here’s how we help you:
- Collecting evidence, speaking to witnesses, and consulting experts to strengthen your case.
- Talking to your doctors to understand your injuries and future medical needs to get you fair benefits.
- Helping you decide the best steps, whether negotiating, filing a workers’ comp claim, or starting a lawsuit.
- Working to get a fair settlement that covers your medical bills, lost wages, and other damages.
Our goal is to make this process easier for you. You might not need a lawyer to file a claim, but trying to take care of everything on your own can quickly become overwhelming. We take that burden off of you, letting you focus on getting better and back to work.
What Should You Do If You Need to File For Workers’ Comp?
Doing maintenance on vehicles or machines–and its corresponding parts–can quickly lead to injuries, especially when negligence is involved. But injuries or illness can also happen to you over time. This is the main reason every worker in California has access to workers’ compensation benefits: it’s there to help you.
But this also means there’s a claims process in place, so you’re going to need to know how to properly respond:
- Get medical help – Like any injury situation, the first thing you need to do is get help. Call 911 or go to the nearest hospital or urgent care. Most workplaces can provide first aid, so use it until professional help arrives.
- Report the accident – Also, you need to inform your supervisor or manager about the accident and your injuries as soon as possible. California law gives you 30 days to report a workplace injury, but the sooner you report it, the sooner you can start the claims process and get benefits.
- File your claim – Most injuries are covered by workers’ comp. Ask HR or a supervisor for the claim form, fill it out, and return it. They should also keep a copy for your records.
- Investigation – Workers’ comp insurance will review your claim, which might include looking at your medical records and speaking with witnesses.
- Medical evaluation – You may need to see a doctor chosen by the insurance company to evaluate your injuries and outline a treatment plan.
- Claim decision – The insurance company will determine if your claim is valid and what benefits you qualify for, such as medical care or disability payments.
- Disputes – If there is a disagreement about your claim, mediation or a hearing might be needed to resolve it.
- Returning to work – If you can go back to work, your employer may offer a role that fits your medical limitations. If not, you might receive help finding a new job.
These steps can help you manage your medical needs after any injury while also protecting your job and taking care of your immediate needs. That said, looking closer at all of your options can also help you in this situation.
What Are Your Claims Options After a Workplace Injury or Illness as a Maintenance Technician?
If you’re injured or become ill while working as a maintenance technician, filing a workers’ compensation claim is a key option. But it’s not the only thing you can do.
The process typically starts with a workers’ comp claim, but it can go further than that–and it may have to if you’re more seriously injured. In California, workers’ comp benefits last for a maximum of 104 weeks, so while it can help you initially, it won’t cover all your needs the more hurt you are.
Specifically though, a workers’ comp claim acts like an insurance policy to help cover your losses. Here’s what you may receive when you file a claim:
- Coverage for medical expenses
- Temporary or permanent disability benefits
- Compensation for lost wages
- Job retraining services
- Death benefits for your family (in fatal accidents)
One advantage of workers’ compensation is that you don’t need to prove fault or negligence. That said, if you want to go further, you will have to, which means showing that someone didn’t act in a way that kept you safe–whether that’s your employer or equipment or material manufacturers.
With that, you can either file an insurance claim out of court or a personal injury lawsuit. This gives you the ability to recover “damages” like:
- Medical expenses
- Ongoing care
- Lost wages
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses (for fatal injuries)
Remember, filing an injury claim in California has a deadline. You have two years from the date of the accident to file. Miss it, and you can’t recover damages.
Why Would You Need Workers’ Comp as a Maintenance Technician?
It’s pretty easy to understand why you would need workers’ comp as a maintenance tech, given your day-to-day work. But when you actually do, it becomes much more real and much easier to understand. Specifically, here are just a few of the more common reasons why you might need to take workers’ comp as a maintenance tech:
- Unsafe conditions – Wet floors, cluttered workspaces, or poor lighting can lead to accidents. Weather conditions like rain or wind can also make working on ladders or scaffolding risky.
- Not having the right equipment – Using broken tools or lacking safety gear increases the risk of injury. Wrong tools for the job can also cause accidents.
- Lack of training – Not having proper training can lead to mistakes and injuries. Learning how to use tools and spot dangers is key to staying safe.
- No regular maintenance – Tools and equipment must be kept in good condition. If they’re not, they can break or malfunction, causing accidents.
- Understaffing – When there aren’t enough workers, tasks get rushed, and safety steps can be skipped, increasing the chance of mistakes and accidents.
These conditions make accidents more likely, but you still have legal rights to get the support you need. By understanding your options and working with our team, you can get benefits that help with your recovery.
Free Consultations for Injured Maintenance Technicians in California Workers’ Compensation Claims
Getting hurt as a maintenance technician is never a good thing, but you have options that can help you. At Maison Law, our workers’ compensation lawyers are ready to help you with your claim. We’ll walk you through the entire process, making sure you get the support you need at every step. Don’t hesitate to contact us today for a free consultation.