Maison Law represents victims of fall injuries while on the job. If you or a loved one has been undercompensated or received inadequate workers’ compensation benefits after suffering a fall injury, our Workers’ Comp Attorneys will help you get the compensation you need.
Waiting on benefits, or fighting to get them, can be a helpless feeling, but it doesn’t have to be that way. Maison Law is here to provide you with legal options to ensure you receive proper medical treatment and full compensation after a work-related injury.
Get the legal help you need for your workers’ compensation claim by contacting Maison Law today for a free consultation and case evaluation.
How Can a Madera Fall Injury Workers’ Compensation Lawyer Help Me?
Fall injuries typically involve serious medical treatment, such as broken bones, traumatic brain injuries (TBI), and soft tissue damage are likely to occur. When you suffer a fall injury on the job, your medical bills will be covered by workers’ compensation, and your time missed at work during recovery will be compensated by temporary disability.
Workers’ compensation does not take into account other costs, such as the financial strain it puts on the injured workers’ families. Also, workers’ compensation may deny certain medical procedures or medical prescriptions, leaving those suffering from injuries without solutions. That’s where a Workers’ Compensation Attorney can help.
In addition to filing a lawsuit against workers’ compensation, an attorney will file a personal injury lawsuit against all liable parties who contributed to your injury. Common liable parties for a work-related injury include:
- The property owner
- The employer
- A Government entity
- A third party
- A manufacturer or distributor
With a personal injury lawsuit, an attorney will be able to pursue the following damages on your behalf:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs to damaged property (if applicable)
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
When Should I File a Fall Injury Workers’ Compensation Lawsuit in Madera?
Any injured worker has the right to compensation and can file a lawsuit against workers’ compensation. Lawsuits can be filed against workers’ compensation if an injured person feels they have been treated unfairly at any time during the workers’ compensation process. The most common reasons for filing a lawsuit against worker’s compensation include:
- 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 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.
It is important to note that filing a lawsuit against workers’ compensation does not affect or change the status of your employment with your employer. In fact, employees are protected from retaliation from their employers. 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
Fall Prevention in The Workplace
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 of fall protection for shipyards
- Six feet for construction jobs
- Eight feet for long-shoring operations
If your employer, or the person controlling the job site, has violated any of these guidelines, then you can pursue a personal injury lawsuit in addition to receiving workers’ compensation. To understand your legal options after a fall injury, contact Maison Law today for a free case review.
What Fall 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.
Common Fall Injuries in the Workplace
According to OSHA, there were 351 falls to a lower level out of 1,008 construction fatalities. While not all workplace fall are fatal, they typically result in severe injuries. The most common injuries from falling include:
- Traumatic brain injury
- Head injury
- Neck injury
- Spinal cord injuries
- Soft tissue damage
- Lacerations
- Internal organ damage
Construction work is the industry with the most fall injuries and fatalities. Other jobs that have the most fall injuries include:
- Roofing
- Window cleaning
- Logging
- Industrial maintenance
- Electricians
Your Rights To Workers’ Compensation After a Fall 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.
How to File a Fall Injury Compensation Claim in California
While telling your boss or manager about your work-related injury the moment it happens is a great first step, it does not make you eligible for benefits through the workers’ compensation program. You must complete the following steps to receive and submit a workers’ compensation form:
- Tell your manager, supervisor, or someone in the administration department at your job about your fall injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
- 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.
- Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your fall injury in great detail and fill out only the employee section of the form.
- Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on your claim.
Contact a Fall Injuries Workers’ Compensation Lawyer in California
At Maison Law, we recognize the risks of fall injuries workers face every day in California. Falls can occur due to uncovered manholes, missing steps, or guardrails on a stairwell, so, they can happen to any type of worker if proper safety precautions are not followed. If you’ve suffered a fall injury and workers’ compensation has been inadequate at covering your medical bills or providing you with adequate compensation, 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.
