Maison Law represents victims suffering from a work-related crush injury in Fresno. If you or a loved one has suffered broken bones, internal organ failure, or any major injury due to heavy forced weight against your body while at work, Fresno Workers’ Comp Attorneys will help you get compensation to recover the maximum amount of damages you’re entitled to. Contact Maison Law today for a free consultation and case evaluation.
Common Reasons For Fresno Crush Injury Workers’ Compensation Accidents
Crane operators, plumbers, electricians, carpenters, and maintenance workers are required to use a number of powerful equipment on the job every day in Fresno. However, a single mistake during operations, inspection, or manufacturing of this equipment can lead to catastrophic injury, or in worst cases, death. For that reason, strict safety measures are put in place to prevent accidents. However, unfortunately, mistakes do happen. The most common reasons for crush accidents include:
- Lack of safety equipment
- Inadequate training
- Defective machinery
- Poor supervision
- Unsafe construction site or job design
- Third-party negligence
It is important to understand the root cause of your accident in a workers’ compensation claim is extremely important because it typically shows who is responsible for your crush injury. If someone’s carelessness caused your injuries, then you can file a personal injury lawsuit in addition to a workers’ compensation claim. While workers’ compensation covers any work-related injury, injured victims are entitled to pursue additional damages from the liable party outside of workers’ compensation through a personal injury lawsuit. Common liable parties for crush accidents include:
- Equipment manufacturing company
- Equipment repair company
- Property owner
- Government entity
Consult with a Fresno Workers’ Compensation Lawyer to determine liability and understand the compensation you are entitled to after a work-related crush injury.
Common Workplace Fresno Crush Injury Workers’ Compensation Incidents
Crush accidents on the job typically occur when a worker is caught between two unavoidable large objects. According to the Occupational Safety and Health Administration (OSHA), there are approximately 25,000 crush injuries per year with 800 of these injuries becoming fatal. The most common workplaces for crush injuries include:
- Construction sites: heavy equipment on a construction site always presents a risk to workers if other people are in the area and safety precautions are not taken. Another risk is a mechanical defect occurring, for example, if the brakes go out on a road roller and someone’s leg gets crushed in the process.
- Vehicle crashes: delivery and transport drivers can suffer crush injuries on the job if they’re involved in serious car or truck accidents. Emergency personnel are known to frequently use the “jaws of life” to remove crush injury victims from catastrophic vehicle accidents.
- Factory and warehouse accidents: Forklifts, cherry pickers, stock carts, and other large machinery are all commonly used vehicles in warehouse operations. Some of these machines can weigh up to two to three tons. So, even if a person’s foot gets stuck under one of these vehicles, it can have unbelievably tragic results.
Fresno Employer Safety Responsibility Under OSHA Law
In California, you have the right to request an OSHA inspection without the fear of employer discrimination. You can request that inspection here. Your employer in Fresno is responsible for providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the company’s trade. Under OSHA law, your employer is responsible for the following:
- Providing a safe working environment. Every employer is tasked with adhering to all the regulations that govern the company’s work. An example would be a construction site. The owner would have the duty to follow all safety regulations relating to construction.
- Provide daily inspections on equipment and sections of the workplace that are prone to hazardous conditions to make sure they adhere to OSHA standards.
- Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
- Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.
What Crush Injuries are NOT Covered By Workers’ Compensation?
While employers must provide a safe workplace for their workers, employees also have a duty to act responsibly while at work. In certain cases, workers’ compensation benefits will not be rewarded. Injuries and illnesses that are not covered by workers’ compensation may include:
- Injuries incurred due to intoxication or impairment
- Injuries due to knowing violation of a policy or code
- Horseplay or intentional misconduct
It is important to know workers’ compensation does not cover natural disasters. So, even if you suffer a fall from an earthquake, tornado, or flooding, your injuries would be covered by your personal insurance instead of workers’ compensation. Civil disturbances and product liabilities are also not covered by workers’ compensation as benefits are only applicable to injuries caused by the job itself or the job conditions.
Your Rights To Workers’ Compensation in Fresno After a Crush Injury
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.
Contact a Fresno Crush Injury Workers’ Compensation Lawyer
At Maison Law, we recognize the risks of crush injuries that workers in Fresno face every day. The damage a crush injury can do to a person’s livelihood is catastrophic, but there are legal options available to help you get your life back. Our skilled attorneys have years of experience in managing workers’ compensation cases and helping injured workers get the compensation they need after a horrific accident. Whether it’s through a workers’ compensation claim or a personal injury lawsuit, our team is prepared to exercise every legal avenue on your behalf. Schedule your free consultation and case evaluation today by contacting Maison Law. There are no upfront charges for our services and you will not be charged a cent unless we win your case.
