Maison Law represents injured scaffolding workers in Madera. Falls from scaffolding can cause debilitating injuries and prevent injured victims from returning to work for a long time or permanently. The Workers’ Compensation Attorneys at Maison Law specialize in recovering financial compensation for injured workers in Madera who have received inadequate benefits or have had their lives altered by an injury.
Take legal action today by contacting Maison Law for a free consultation and protect your rights to fair workers’ compensation.
Can You File a Lawsuit Against Worker’s Compensation in Madera?
Employees in all industries, such as construction, industrial, farming, manufacturing, food service, hospitality, and transportation industries, put themselves at risk for injury every day they go to work. While most workplaces are supposed to be safe, a small lapse in safety protocol can result in life-altering injuries. For example, if faulty scaffolding is installed and no one fixes it or warns against it, a worker can fall from a dangerous height.
Unfortunately, these careless accidents happen all the time on job sites, which is why all employers are required by California law to provide their employees with workers’ compensation benefits if they are injured at work. But what if your company’s workers’ compensation fails to provide enough care? What if your claim is denied? What if medical treatment is denied or only minimal treatment is approved?
There is a litany of issues injured workers can run into when attempting to receive full coverage from workers’ compensation. Fortunately, injured workers can take legal action and file a lawsuit against worker’s compensation through our attorneys at Maison Law. Our Workers’ Compensation Attorneys will manage your claim and file a lawsuit on your behalf, ensuring you receive maximum coverage for your workers’ compensation claim.
Benefits Provided By Workers’ Compensation
If you’re injured in a scaffolding accident in Madera, 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.
Privette Doctrine Protection for At-Risk Job Sites with Scaffolding
The Privette Doctrine creates protection for property owners when a contracted worker is injured on their property. To invoke Privette Drive protection, a property owner must establish the following:
- The injured or deceased person was an independent contractor
- The property owner hired the plaintiff or the plaintiff’s employer directly or indirectly
An example of this scenario would be from Miller v. Roseville Lodge 1293. Roseville Lodge hired a contractor to move an ATM on its premises. The contractor appointed the plaintiff, Ricky Lee Miller Jr., to perform the work. Miller fell when he was on a scaffold and suffered injuries. The plaintiff attempted to sue the Roseville Lodge for damages but was unsuccessful because the work was appointed to the contracted company. Therefore, under the Privette Doctrine, the contracted company was responsible for Miller’s safety, not the property owner.
So, in this case, Miller would only be able to recover damages through worker’s compensation provided by his employer. It is important to note that even if you are unable to collect damages through a personal injury lawsuit, all injured workers are entitled to workers’ compensation benefits regardless of fault according to the California Department of Insurance.
Exceptions to the Privette Doctrine
Even though the Privette Doctrine acts as a shield for property owners, it does not make them immune from liability when a contracted employee or independent contractor suffers injuries on their property. One exception of the Privette Doctrine is if the property owner is directly careless and their careless actions, or failure to act, directly result in harm to another person. For example, if the plaintiff is able to cite a statute such as Cal-OSHA, which the hirer violated, then the property owner could be held liable under California Evidence Code 669 (a)(1).
Another exception to the Privette Doctrine is if a plaintiff can prove the landowner knew a dangerous condition existed on their property and the worker could not reasonably discover the dangerous condition. Also, the landowner would have to fail to warn the contractor of the dangerous condition.
A third exception to the Privette Drive exists if the property owner retains control over any part of the independent contractor’s work and carelessly performs an action, which leads to the worker’s injuries. For example, if the property owner gives the worker damaged scaffolding material to use. Let’s say this damaged material causes a worker to fall over 20 feet to the ground and they break their hip and suffer a traumatic brain injury (TBI). In this case, the property owner would not be protected by the Privette Doctrine and could be held liable for damages.
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 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
Contact Maison Law | California Workers’ Compensation Attorneys
If you have suffered a scaffolding injury in Madera and are concerned about the security of your job, or the adequacy of your benefits, it is recommended to seek legal counsel. The skilled workers’ compensation attorneys at Maison Law can help you navigate the complexities of workers’ compensation law and will be at your side for any and all legal matters to protect your right to compensation. Contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our services, and we don’t get paid unless we win your case.
