Maison Law represents workers injured on the job in Porterville. From on-the-job accidents to illnesses caused by substandard safety conditions in the workplace, workers across Porterville find themselves unable to work after suffering a career-ending injury while on the job. While these can be devastating situations, there are legal options available to those suffering from severe, work-related injuries.
At Maison Law, we help injured victims in Porterville get the maximum compensation for their damages. To partner with a firm experienced in reaching successful workers’ compensation claim settlements, contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Porterville Workers’ Compensation Claim?
If you are injured on the job in Porterville, then you will be entitled to workers’ compensation benefits, even if you were at fault for the accident. However, these benefits do not always cover the full scope of damages you’ve incurred from your injury. For this reason, it is recommended to speak with a Workers’ Compensation Attorney to receive the benefits you are owed. Unfortunately, it is not uncommon for workers’ comp insurance companies to minimize worker’s injuries or lessen the amount of benefits they can claim. A Workers’ Compensation Attorney can help you file a lawsuit against the insurance company to protect your right to compensation. Common reasons why injured workers may need an attorney for their workers’ compensation claim 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 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.
- A delay in treatment: there are thousands of active workers’ compensation cases and your case can sometimes get forgotten or delayed. When it comes to medical treatment or financial compensation, this is unacceptable and a lawsuit can be filed on your behalf to get the necessary treatment for your injuries.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
What Should I Do if I Get Injured at Work in Porterville?
If you get injured while performing a job-related task, the first thing you should do is report the work-related injury or illness the moment it happens. It is important to your workers’ compensation claim that you report your injuries as soon as possible. Injured victims who fail to report their injury later than 30 days after the incident may have their workers’ compensation denied. Next, you should fill out a workers’ compensation claim form. Your employer is obligated to give or mail you 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 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 treating 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
What if My Employer Does Not Have Workers’ Compensation Insurance?
All employers are required by California law to provide workers’ compensation coverage for their employees. Full-time, part-time, and seasonal workers in Portersville are covered by workers’ compensation, effective immediately on the first day of their employment. Workers’ compensation in California is a “no-fault” system, meaning you can be eligible for benefits regardless of who was at fault for your injury or illness. If you were working and got injured, then you are entitled to benefits. The benefits under workers’ compensation include:- Medical Care: covers all reasonable medical treatment related to your injury or illness
- Temporary Disability Benefits: benefits paid if you’re unable to work while recovering
- Permanent Disability Benefits: if you don’t fully recover from your injury, you may be entitled to permanent disability benefits
- Supplemental Job Displacement Benefits: if you cannot return to your previous line of work, these benefits can help cover the costs of retraining or skill enhancement
- Death Benefits: in the unfortunate event of a fatal injury, dependents of the decedent are entitled to death benefits
Employer Safety Responsibility Under OSHA Law
According to OSHA, 25% of all workplace injuries occur due to slipping, tripping, or falling. Oftentimes, these types of injuries occur due to a violation of OSHA regulations. In California, you have the right to request an OSHA inspection without the fear of employer discrimination. You can request that inspection here. Your employer is responsible for providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the company’s trade. Under OSHA law, your employer is responsible for the following:- Providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the company’s work. An example would be a construction site. The owner would have the duty to follow all safety regulations relating to construction.
- Provide daily inspections on equipment and sections of the workplace that are prone to hazardous conditions to make sure they adhere to OSHA standards.
- Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
- Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.
