Maison Law helps fall injury workers in Fresno manage their workers’ compensation claims to receive maximum compensation. If you or a loved one has filed a workers’ compensation claim for fall injuries but has not received the proper care through workers’ compensation or your claim has been denied, Maison Law will take the legal steps necessary to fully recover everything you’re entitled to. Contact one of our dedicated Workers’ Compensation Attorneys today for a free consultation and case evaluation.
Do I Need a Fresno Fall Injury Workers’ Compensation Lawyer?
Fall injuries typically involve broken bones, traumatic brain injuries (TBI), and soft tissue damage. Through workers’ compensation, your medical bills for these serious injuries will be covered, and your time missed at work during recovery will be compensated by temporary disability.
However, workers’ compensation does not take into account other costs, such as the financial burdens you and your family may endure or the emotional pain brought on by such a traumatic incident. That’s where a Workers’ Compensation Attorney can help. In addition to filing a lawsuit against workers’ compensation to ensure you receive all your benefits, an attorney will file a personal injury lawsuit against the liable parties who contributed to your injury. These liable parties can include:
- Property owner
- Co-worker
- Site Manager
- Contractor
- Parts manufacturer, distributor, or seller
- Government entity
Through a personal injury lawsuit, injured workers can claim the following damages:
- Lost wages
- Loss of future income
- Medical bills
- Continued medical treatment
- Emotional distress
- Pain and suffering
- Loss of consortium
How Can You Strengthen Your Workers’ Compensation Claim?
If you’ve suffered a serious fall injury at work, you may wonder where your next paycheck will come from or how you’ll provide for your family. While workers’ compensation is meant to protect employees from financial burdens after an injury, it doesn’t always work that way. No matter how severe your injuries, workers’ compensation insurance will always attempt to avoid paying as much as they can. That’s why filing a successful claim is important. To strengthen your claim after an injury you should:
- Get medical treatment: Call 911 if necessary or have someone take you to an urgent care facility or hospital. If first aid is available, then begin treating your injury as soon as you can.
- Report the injury to your employer: Request a Workers’ Compensation Claim Form (DWC 1) from your employer, fill it out, and give it back to them within 30 days as required by California Law.
- Insurance investigation: Workers’ compensation will most likely investigate the claim, which will allow them to review your medical records and speak to witnesses.
- QME evaluation: Workers’ compensation will select a Qualified Medical Examiner for you to see. These exams can be tricky, depending on the circumstances. Before a QME, it is recommended to consult with a Workers’ Compensation Attorney.
- Return to Work: By law, employers must offer you a modified role to accommodate your medical restrictions. If returning to work isn’t feasible, workers’ compensation may help you find another job in a different line of work through a vocational rehabilitation specialist.
Why Do I Need A Lawyer for a Fall Injury Workers’ Comp Claim in Fresno?
After a fall injury at work, workers’ compensation is required to provide you with temporary disability benefits. Temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. The payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. Other benefits include:
- Travel costs
- Medical coverage
- Supplemental job displacement
However, workers’ compensation may not always provide you with the benefits you’re owed. A Fresno Workers’ Compensation Lawyer can protect you from insufficient workers’ comp coverage and file a lawsuit on your behalf if:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your claim is neglected: in some cases, injured workers can be left waiting for weeks or months for the workers’ compensation claim to be processed and to begin receiving benefits. This is unacceptable and a workers’ compensation attorney can help.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other injury-related expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
OSHA Workplace Fall Prevention
California Law requires employers to provide employees with a safe place to work and to prevent fall injuries in all occupations. In addition, Federal Occupational and Health Administration has mandated the use of fall prevention systems to protect workers from falls greater than 4 feet.
Standard guardrails or equivalent should be installed along all unprotected edges of open side runaways, platforms, and floors greater than 4 feet above the lower level or the floor. OSHA also requires fall protection for floor and wall openings of stairwells, ladder openings, and chute openings. It is the employer’s job to create a workplace that prevents employees from falling off of overhead platforms, elevated workstations, or holes in the floor and walls. Other OSHA requirements include:
- Fall protection from four-foot falls in general industry workplaces
- Five feet fall protection for shipyards
- Six feet for construction jobs
- Eight feet for long shoring operations
If your employer, a property manager, or another third party has violated these standards, then you may be able to file a personal injury lawsuit to receive additional compensation.
Contact a Fresno Fall Injury Workers’ Compensation Lawyer
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation after suffering a fall injury at work, Maison Law is here for you. Our dedicated Workers’ Compensation Attorneys will relentlessly pursue the full extent of the damages you are owed by workers’ comp and any liable third party. For help managing workers’ comp claim and protecting your right to compensation, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not be charged anything unless we win your case.
