Madera Defective Equipment Workers’ Compensation Lawyer

If you’ve found yourself struggling to get proper workers’ compensation benefits in Madera after defective equipment caused your injury, then Maison Law can help. Our team of Workers’ Compensation Attorneys helps injured workers by investigating their claims and making sure they’re fully compensated. In addition, if other parties are responsible for your injuries, then we’ll hold them responsible for the damages you’ve been forced to endure.

If you need help receiving fair workers’ compensation or want to better understand your legal rights after a work-related injury, contact Maison Law today for a free consultation and case evaluation.

How Maison Law Helps Injured Defective Equipment Workers in Madera

When most people think of defective equipment injuries in Madera, they most likely think of forklifts, cherry pickers, or stock cart injuries. In most cases, you’d probably be correct because Madera is a hub for warehouse work with companies like PepsiCo, Land O’Lakes, and Frito-Lay, establishing their distribution warehouses in the city. But a defective tool can be something as simple as a hair dryer or an electric razor. So, the bottom line is that if any device people use at their job is defective, no matter what industry you’re working in, it can cause substantial injuries.

Under product liability law and OSHA law, workers in Madera have the right to expect the machines and tools to be safe and free of harmful defects. When employers or equipment manufacturing companies fail in their duty to prevent harm and you suffer injuries, you have the right to seek compensation. This may seem like a pretty cut-and-dry process, but unfortunately, insurance companies will attempt to dispute your damages, or deny your benefits after suffering a work-related injury. But that’s where Maison Law can help.

We ensure you receive the full amount of workers’ compensation benefits you are entitled to. And if necessary, we will file a lawsuit against workers’ compensation if you encounter any of the following issues with your workers’ compensation claim:

• Your Claim is Denied: if your workers’ compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
• Your Claim is Inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
• You Have a Permanent Disability Claim: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.

Damages You Can Receive for a Madera Defective Equipment Workers’ Compensation Claim

The damages you can receive for a defective equipment injury will be dependent upon the details of your case. For that reason, it’s important to consult with a Workers’ Compensation Attorney at Maison Law to understand the type of financial recovery you can expect from your injuries. Typical damages for a workers’ compensation claim include:

• Present and future medical expenses
• Loss of income, as well as the reduction in your earning capacity you’ve suffered from your injuries
• Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
• Damage done to your property during the accident
• Cost of transportation and additional medical treatment

Your Rights While on Workers’ Comp in Madera

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.

What is the Process for Filing a Lawsuit for a Factory Workers Injuries Workers’ Compensation Claim in California?

The first this you believe your work is the cause of your injury. Gradual injuries include head injuries, muscle strains, or deep tissue injuries. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.

Next, you should fill out a workers’ compensation claim form. Your employer is obligated to give or mail your a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your overexertion injury. You should fill out this form and return it to your employer as soon as possible to avoid possible problems with your claim.

After submitting your claim, it is essential to get good medical care for your factory injury. You should seek out treatment from a doctor who understands your particular type of injury. The doctor you choose will be known as your “primary treang you should do after a work-related injury is report the injury to your employer. Make sure your supervisor or someone in management knows as soon as possible. If the injuries you’ve sustained from your transportation accident develop gradually, you should also report it as soon ating physician” throughout the workers’ compensation process. The role of this doctor is to:

• Prescribe care for your job-related injury
• Manage your overall care
• Help determine when or if you can return to work
• Help identify the kinds of work you can do safely while recovering
• Refer specialists if necessary
• Write medical reports that will help determine the benefits you can receive

When working through your injuries with your primary treating physician you should be open and honest about all of your symptoms. Describe the events at work and what you believe led to your factory injuries. If you do end up filing a workers’ compensation claim, your doctor will play a large role in certifying the legitimacy of your injuries and the damage done to your life.

Personal Injury Lawsuit for a Defective Equipment Work-Related Injury

A workers’ compensation claim is separate from a personal injury claim. If your defective equipment injury was caused by a third party (a separate company, individual, or government entity), then you can file a personal injury claim against that third party.

In California, defective equipment injury claims fall under product liability law. Product liability holds manufacturers, distributors, and retailers accountable for providing a safe product for consumers. If a defective part on one of your work tools, equipment, or vehicle causes an injury, you can pursue a lawsuit based on:

1. Strict liability: a manufacturer can be held responsible for strict liability. A plaintiff must prove the product was defective and the defect was a direct cause of their injury. Strict liability can be imposed for three types of product defects:
   1. Manufacturing defects
   2. Design defects
   3. Warning defects (inadequate warning)
2. Carelessness: requires the plaintiff to prove the defendant failed to exercise reasonable care in the design, manufacture, or distribution the their product, which caused substantial injuries.
3. Breach of Warranty: warranties guarantee a car’s performance, but if a part fails to meet these guarantees, a breach of warranty could be pursued.

Defective equipment lawsuits accompanied by a workers’ compensation claim are notoriously complex due to the number of liable parties involved. To achieve a successful lawsuit against a parts manufacturer, distributor, retailer, or employer, it is vital to consult with a Workers’ Compensation Attorney at Maison Law to ensure you’re taking the necessary legal steps toward a fair settlement.

Types of Workers’ Compensation Settlements

Workers’ compensation can be settled through a compromise and release or a stipulation and award. The difference between these types of settlements can have a substantial impact on lawsuits, which is why it is important to consult with a workers’ compensation attorney before accepting one.

Under a compromise and release settlement, the insurer will offer you a lump sum of money to settle your lawsuit. This settlement can be accepted all at once or spread out over time in a structured settlement. This amount typically reflects your lost wages, ongoing treatment, and out-of-pocket expenses. Once this settlement is accepted, your workers’ compensation claim is closed.

While less common in worker’s compensation claims, a stipulation award is a settlement that creates an ongoing relationship between the injured victim and the insurer. The insurer agrees to continue to pay medical bills associated with the work-related accident while continuing to pay disability benefits caused by your impairment.

Contact a Madera Defective Equipment Workers’ Compensation Lawyer

Navigating the workers’ compensation process can be complex and confusing, so if you or a loved one has suffered a defective equipment injury, do not hesitate to speak to one of our workers’ compensation attorneys at Maison Law. Our firm has years of experience in managing workers’ compensation cases, and we are passionate about getting injured workers lives back on track. If you were unfairly injured, then we can help you receive fair compensation.

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.