Maison Law of California stands ready to help anyone injured while on the job as a shipping and receiving clerk. 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 all victims have the money to pay every medical bill and support their families while unable to work.
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 Working as a Shipping and Receiving Clerk?
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, a workplace accident that results in a more serious injury and extended medical bills may force you to fight to get all recovery costs covered. A skilled California Workers’ Compensation Lawyer can help you secure more for more complex cases, especially those involving higher healthcare expenses.
The guidebook provided by The California Department of Industrial Relations (DIR) explains that you should consider hiring a lawyer if you feel your employer or claims administrator isn’t treating you fairly. Talking to a lawyer is also a good idea if you may have suffered a permanent disability.
You should contact a lawyer if you feel you might have to file a lawsuit against your company. You should strongly consider consulting with a lawyer if you feel you won’t secure enough support on your own. Strong legal representation can often secure much more in compensation for you than you could win yourself.
California Shipping and Receiving Injury Dangers
A day for Shipping and Receiving Clerks can take them through the office, into a stockroom or warehouse, onto a factory floor, and out to the receiving docks. Clerks might come in close contact with huge trucks, forklifts, and heavy factory machinery. They could have to go up several platforms in a storeroom and deal with heavy loads resting just above their heads.
Receiving clerks keep businesses running and customers happy, and they deserve full support when their duties end up getting them hurt. When employers are negligent in their duty to provide a safe workspace, their employees can suffer injury. Employees can suffer traumatic injuries and miss weeks or months at work, usually with no way to support their families without their once-steady paychecks.
These are just a few of the dangers that can leave Shipping clerks in pain and losing valuable time on the job:
- Falls
- Slipping on spills created by other employees
- Tripping on loose carpet and cords
- Stairwell injuries
- Repetitive motion injuries, carpal tunnel syndrome
- Electrical shock
- Dangerous equipment injuries causing crush injuries and lacerations
- Poor ventilation
- Exposure to harmful substances and fumes
- Burn wounds from heated metals
- Back and neck injuries
- Falling objects
Victims of these hazards and others can seek support through California’s Worker’s Compensation program, but the level of support is never guaranteed. 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 Shipping and Receiving Clerk Accident Lawyer takes on the unfair system and seeks the most possible for a client’s injuries.
Who Is Responsible for My Injury at Work?
In most cases, injured workers would have to be satisfied with the support they received from Worker’s Compensation. But an award from Worker’s Compensation can be negotiated and it’s possible other parties might have to contribute to your financial recovery.
California’s Division of Workers’ Compensation: Usually, workers would only be able to file with Workers’ Comp after an accident. It’s a type of insurance that employers with any number of employers must pay into. Workers’ Compensation can run out and it also doesn’t cover the pain victims may have to continue living with and the emotional distress they may carry with them long after physically healing.
Your Employer: In most cases, you wouldn’t be able to seek more compensation from a negligent employer beyond Workers’ Compensation. However, if your company or corporation were found “grossly negligent” for your injury, a lawsuit may be successful. Gross negligence means the employer acted with extreme carelessness or recklessness. It would be a case of exposing you to danger in a manner that was almost intentional. Employers who try to conceal accident risks could also be taken to court. Your attorney would be prepared with a strong case if it became necessary to drag your employer in front of a judge and jury.
A Third Party at Fault: If you were hurt by a contractor’s actions or by a malfunctioning tool or vehicle, you could have to file a lawsuit with a company or corporation. You could seek support beyond workers’ comp if say perhaps you were injured when a machine’s safety shutoff didn’t work correctly. Your Maison Law attorney would hold the manufacturer financially responsible for a design flaw or manufacturing flaw that contributed to your accident.
How Can a Lawyer Help Me Earn More for a Workers’ Compensation Claim?
Allowing a skilled attorney to handle the Worker’s Compensation process can often help you walk away with much more for your injury. It’s also the best way to find peace of mind, turning your case over to a skilled professional while you focus on healing.
A California Workers’ Compensation Lawyer won’t let you miss out on benefits that you may not have been informed of. Your lawyer also takes action when your employer’s lawyers try to question your injury. They could claim your injury was preexisting or isn’t as severe as your doctor claims.
These are only a few of the attorney’s duties:
- Protects the victim’s rights
- Investigate and collect evidence to support the victim’s claim
- Keep track of deadlines
- Files the victim’s claim correctly and lists all hardships to be compensated
- Represent the victim before a workers’ compensation judge making sure the judge gets the full picture of what happened and what you’ve been through
- Negotiate for the maximum support available based on similar past cases
- Protects victims from retaliation
- Protects victims if they are fired unjustly after an injury
- Handles this entire frustrating process with as little disruption to the victim and the victim’s family as possible
Finding Injury Support for California Shipping and Receiving Clerks
It’s critical that every hardship you’ve endured and will endure ends up on a Worker’s Compensation claim. Anything you don’t report becomes a bill your family must cover. Your attorney also makes sure these factors are backed up with undeniable documentation.
Your attorney would be negotiating for the maximum in compensation 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. This is financial support to replace paychecks and 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. 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 Shipping and Receiving Accident Workers’ Compensation Lawyer
The most important outcome is that the injured person 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.
