Madera Crush Injury Workers’ Compensation Lawyer

Maison Law represents victims suffering from a work-related crush injury in Madera. 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, our Madera Workers’ Comp Attorneys will help you get compensation to recover the full extent of your damages. While the path to recovery may seem long, you don’t have to go it alone.

Take the first step toward getting your life back on track after a work-related crush injury by contacting Maison Law today for a free consultation and case evaluation.

Do I Need a Lawyer for a Madera Crush Injury Workers’ Compensation Claim?

While workers’ compensation is designed to cover your medical costs and lost wages while away from work, it can sometimes become more of an obstacle than a provider. For example, let’s say your back is crushed under a fallen metal shelf and you have to get surgery. Workers’ compensation may decide to cover surgery and physical therapy, but after a year of treatment, they determine you’re well enough to go back into work, and they cut off your compensation and access to treatment. You may feel it is too soon to return to work and need more treatment. What are your options?

One of the best ways to protect yourself after being injured at work is to consult with a Workers’ Compensation Attorney at Maison Law. Depending on the details of your situation, our lawyers can file a lawsuit on your behalf against workers’ compensation and ensure you continue to receive benefits. Other reasons you may need to file a lawsuit against workers’ compensation include:

• Your claim is denied: if your workers’ compensation claim is denied, our attorneys can help you appeal the decision and represent you through negotiations.
• Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, our law firm will help you receive benefits for the full scope of your damages.
• Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise. Our law firm will advocate on your behalf and use all our legal resources to prove permanent disability and ensure you receive fair compensation.

When Should I Go Back to Work After a Madera Crush Injury?

Returning to work will depend on how well you recover from the workplace injury. This decision will ultimately be up to the doctor to clear you for a return to work. The doctor may decide to clear you for partial work or alternative work if you have not been able to fully recover from your injuries.

If you do not make a full recovery, then you will be entitled to permanent disability benefits through workers’ compensation. This usually occurs after a doctor has determined you have reached MMI and it is apparent that you are unable to work. Permanent disability benefits provide coverage for future lost wages due to your disability or impairment. California’s workers’ compensation system offers two types of permanent disability benefits. These benefits include:

• Permanent partial disability: people deemed partially disabled with a rating of below 100% are entitled to weekly payments at an established amount. The higher your disability rating, the more money you will be able to collect.
• Permanent total disability: if you become 100% disabled from a work-related accident, then you’re entitled to weekly payment for the rest of your life. You may also be able to receive a lifetime pension if your disability rating is between 70% and 90%.

How is Permanent Disability Determined for a Crush Injury at Work in Madera?

When a crush injury occurs, the injured victim is usually left with a severely damaged body part, or in worse cases, the loss of an appendage. If a limb is lost or permanently damaged in a crush accident, a disability rating will determine permanent disability based on a medical evaluation performed by a medical professional. Disability rating determinations are used by:

• Workers’ compensation administrations
• Injured workers
• Personal injury lawsuits
• Insurance claims

Your disability rating will reflect your percentage of disability. The permanent disability rating is determined by several factors:

• Medical evaluation: an agreed-upon medical evaluator (AME) or a QME will provide a medical assessment of the disability.
• Impairment guides: an evaluation of a disability uses the American Medical Association Guides to the Evaluation of Permanent Impairment.
• Work restrictions: an injured employee’s limitations and restrictions.
• Age and occupation: the age and occupation will be taken into consideration, especially when a person’s line of work is no longer possible due to their disability.

Common Workplace Crush Injury Accidents

Crush accidents 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.

For these reasons, California Law requires employers to provide employees with a safe place to work and to prevent injuries in all occupations. If your crush injury was due to an unsafe work environment or negligence, then you may be entitled to additional compensation. For any questions, please feel free to contact one of our attorneys today for a free consultation and see what legal options are available.

Common Reasons For Madera Crush Injury Workers’ Compensation Accidents

With construction and transportation being some of the most common industries in Madera, according to the California Employment Development Department, workers must use extremely heavy equipment on the job every day in Madera. 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.

Who is Typically at Fault for a Madera Crush Injury at Work?

It is important to know that fault sometimes does not come into play for a workers’ compensation claim. Injured workers will always receive workers’ compensation, regardless of fault, even if they’re responsible for their own injuries.

However, 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. This is where fault can come into play for a work-related injury. Common liable parties for crush accidents include:

• Equipment manufacturing companies
• Equipment repair companies
• Property owners
• Government entities

To determine liability and understand the compensation you are entitled to after a work-related crush injury, contact Maison Law today for a free review of your case.

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 Madera 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  Madera Crush Injury Workers’ Compensation Lawyer

Workers hurt in crush accidents are entitled to workers’ compensation benefits and compensation for their damages if injured by a third party. At Maison Law, we have experience holding workers’ compensation insurance and third parties liable for damage done to workers in Madera, resulting in numerous clients getting the compensation they need after a horrific injury. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not pay a cent unless we win your case.