Fresno Scaffolding Workers Compensation Lawyer

Maison Law advocates on behalf of injured scaffolding workers in Fresno. If you or a loved one has filed for workers’ compensation for a scaffolding injury, Maison Law can manage your claim and maximize the compensation you need to get your life back on track. Contact Maison Law today for a free consultation and case evaluation.

Benefits Provided By Workers’ Compensation

If you’re injured in a scaffolding accident in Fresno, you are entitled to workers’ compensation benefits regardless if you were at fault for your injuries. Your employer is required to provide you with workers’ compensation under California Labor Code Section 3700. Benefits provided by workers’ compensation include:

• Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s life, or for the duration of the injury.
• Temporary disability: temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
• Travel Costs: travel to and from medical treatment such as doctor’s visits, surgery appointments, and rehabilitation can be partially or fully covered under workers’ compensation.
• Permanent disability: awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Monetary amounts for permanent disability vary on a case-by-case basis.
• Supplemental job displacement: if you are unable to return to your employment after you have been released by your treating physician, you may be entitled to receive a voucher that will be paid up to a school up to a certain amount, depending on your disability.
• Death benefits: in the result of a fatal accident at work, workers’ compensation pays qualifying dependents up to a maximum of #320,000 with up to $10,000 for burial expenses.

Do I Need a Lawyer for a Scaffolding Workers’ Compensation Claim?

Workers’ compensation claims in California can be complicated, especially when it comes to scaffolding injuries. This is due to the potential liable third parties. At a construction site where scaffolding is typically used, there will be contractors, site managers, and property owners. Depending on the details of your accident, every party could be held responsible for your injury.

A Workers’ Compensation Lawyer can file a personal injury claim against the liable parties on your behalf. This would allow you to recover damages in addition to your workers’ compensation benefits. These damages include:

• Present and future medical costs
• Lost wages (if you have to miss work to recover)
• Retraining or re-education for job placement if you have suffered a disability from the accident
• Pain and suffering
• Loss of enjoyment of life
• Wrongful death

California OSHA Regulations on Scaffolds

Cal/OSHA is California’s Division of Occupational Safety and Health. Cal/OSHA goes by the same requirements and standards for scaffolds as California Law, which is covered in the California Code of Regulations Title 8 Section 1637. This law states:

“Scaffolds shall be provided for all work that cannot be done safely by employees standing on permanent or solid construction at least 20 inches wide, except where such work can be safely done from ladders.”

The law goes on to state the maximum load weight and the requirement that a qualified person must be responsible for supervising the erection and dismantling of the scaffolding to avoid accidents and potential scaffold injuries. When workers are exposed to overhead hazards while on a scaffold, employers are required to provide provision of overhead structures in compliance with California’s Construction Safety Orders. The types of scaffolds recognized under these orders include:

• Window jack scaffolds
• Metal scaffolds
• Ladder scaffolds
• Horse scaffolds
• Outrigger and bracket scaffolds
• Tower and rolling scaffolds

If an OSHA violation resulted in your injury, then you can file a personal injury lawsuit in addition to your workers’ compensation claim against the party responsible for your injury. Consult with a Fresno Workers’ Compensation Lawyer today to understand the legal options available to you.

How to File a Fresno Scaffolding Workers’ Compensation Claim

Reporting your accident and filing a workers’ compensation claim with your employer will start the workers’ compensation process. Until you’ve filed a workers’ compensation claim, you will not be able to receive benefits for your injury. For a successful workers’ compensation claim, it is recommended to complete the following steps:

1. Tell your manager, supervisor, or someone in the administration department at your job about your work-related injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
2. Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
3. Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
4. Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim can have a negative impact on your claim, or void it altogether.

Can I Sue My Employer in Fresno for a Scaffolding Injury?

It is possible to sue your employer after a work-related scaffolding injury. To sue your employer, you must be able to prove that their actions caused you to fall and suffer injuries. This could mean your employer created an unsafe work environment or knowingly failed to warn you about a hazardous condition. Under OSHA law, an employer must provide its employees with a safe working environment, meaning they are tasked with adhering to all the regulations that govern the work.

Another way you can file a lawsuit against your employer is if they failed to provide you with workers’ compensation after your injury. Failing to have workers’ compensation coverage is a misdemeanor criminal offense punishable by either a fine of up to $10,000 or imprisonment for up to one year. If you suffer a fall injury in Bakersfield and your employer is not insured, then your employer is responsible for paying all of the bills related to your injury.

Common Scaffolding Hazards

Scaffolding is prominent in the construction industry, serving as a platform for working in elevated spaces. Scaffolding, however, carries a number of risks, such as the potential for falling, being hit by falling objects, or collapsing. The following hazards are the most typical scaffolding risks construction workers must face:

• Construction deficiencies: scaffolding is not always erected according to code, or the structure will have faulty or loose parts, making it an unsafe place to work.
• Electrocution: construction sites always need power sources and power tools. Unfortunately, scaffolding is mostly made of metal, which can cause workers on the metal platforms to get electrocuted when safety protocols are not followed.
• Falls: According to OSHA, falls account for 10% of all scaffolding accidents and more than 50% of deaths in the construction industry.
• Falling objects: Even small objects falling from great heights on scaffolding structures can cause serious injury or death. For that reason, keeping objects secure is an essential safety protocol when working on scaffolding.

Contact a Fresno Scaffolding Workers’ Compensation Lawyer

At Maison Law, we recognize the risks of scaffolding injuries construction workers face every day, especially when proper safety precautions are not followed. If you’ve suffered a scaffolding injury and workers’ compensation has been inadequate at covering your medical bills or providing you with adequate compensation, the attorneys at Maison Law can help. If you believe a third party is at fault for your injuries, we will file a lawsuit to get you the compensation you are owed. Contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our legal assistance and you won’t pay a cent unless we win your case.