Maison Law of California stands ready to help anyone injured at a retail 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 every victim has 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.
Do I Need a Lawyer After Suffering an Injury While Working a Retail Job?
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 taking the blame. California’s Division of Workers’ Compensation and a store 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 to 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 consult with an attorney if you feel that you are being blamed for a workplace accident you didn’t cause.
You should also contact a lawyer if you feel you might have to file a lawsuit against your company to get fair compensation.
Retail Job Accident and Injury Dangers
Retail workers in California help shoppers find the items they need for their families. The job often requires long hours of standing on hard floors. Retail employees can also be asked to locate products in stockrooms and warehouses. They might have to lift heavy boxes and work around powerful machinery.
These tasks could cause injuries over weeks and months as muscles, ligaments, and tendons are strained. Employees could also be hurt in a sudden accident that causes broken bones and/or life-threatening harm.
These are just a few of the types of injuries retail workers may suffer:
- Injuries in warehouses and stockrooms for retail locations
- Injuries caused by heavy machinery like forklifts, balers, and floor-cleaning units
- Trip-and-Falls
- Slipping on spills created by other employees or customers
- Falling merchandise
- Tripping on loose carpet and cords
- Stairwell injuries
- Repetitive motion injuries, carpal tunnel syndrome
- Back and spine damage from standing for long periods
- Electrical shock
- Poor ventilation
- Exposure to harmful substances like asbestos
- Fires and burn wounds
- Back injuries
- Renovation and construction injuries for employees forced to pass through work zones
- Negligent security leading to employees getting assaulted
Victims of these hazards and others might be forced to seek support from employers such as a big box store chain, a supermarket chain, or some other type of local business. Worker’s Compensation often provides help, but the level of support is never guaranteed. And sadly, some retail workers aren’t even granted health benefits to help cover their care.
Victims without strong evidence and properly filed claims can end up with far less than they need to cover every medical bill. They might also walk away without enough to cover living expenses for their families while out of work. A skilled California Retail Accident Lawyer takes on the unfair system and seeks the most possible for a client’s injuries.
Can a Lawyer Help Me Earn More for a Workers’ Compensation Claim?
Workers’ Compensation protects all 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 Retail 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
Winning Compensation for California Retail Injury Victims
Your lawyer works on your claim to make sure it includes every hardship you’ve suffered during your recovery. That can include any medical care that may be necessary in the years to come. This is a critical step because anything you leave off your claim would be something the California’s Division of Workers’ Compensation could ignore. Anything you don’t report becomes a bill your family must cover.
Your attorney would be negotiating for the maximum in support for your physical damages and the financial crisis that missing work can cause.
These and other hardships must factor into your Workers’ Compensation check.
- Support for every healthcare bill you receive. This includes the physical therapy and additional surgeries you could require in the future. The medical equipment you depend on and the medication you’ll need should also be covered.
- Money to support yourself and your family while you miss work. Wage replacement and the compensation of benefits you lose while you can’t perform your job duties. Known as Temporary Disability Benefits.
- Workers’ Compensation benefits for patients if you don’t recover completely and your injury causes a permanent loss of physical or mental function that a doctor can measure. Known as Permanent Disability Benefits.
- Support to help you find a new job if necessary. Supplemental Job Displacement Benefit provides money to help pay for retraining or skill enhancement if you are eligible to receive permanent disability benefits, your employer doesn’t offer you work, and you don’t return to work for your employer.
- Support to family members if a loved one is tragically killed on the job. Death benefits can be awarded to children, stepchildren, and a spouse. In some cases, grandchildren, parents, and siblings could all be eligible. This support could rise to over $300,000 for multiple family members to divide.
The DIR Injured Worker’s Handbook goes over all the different types of support available through a claim.
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. This can hinge on whether an employer accepts responsibility or if fault will need to be proven through investigation and evidence collection. 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.
Contact a California Retail Worker 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.
