Maison Law represents workers injured due to falls in the workplace in Salinas. If you or a loved one has been under-compensated or received inadequate workers’ compensation benefits after suffering a fall injury, then our firm can help. If your claim has been denied by workers’ compensation for any reason, we can investigate your claim and take legal action if necessary to get your workers’ compensation benefits reinstated.
Fall injuries typically occur when safety protocols are ignored at a job site and workers are unaware of the danger, resulting in life-altering injuries. Our attorneys at Maison Law specialize in helping injured workers get their lives back after suffering a fall injury by conducting thorough investigations and utilizing accident recreation experts to build a strong case on your behalf.
Don’t waste a second of your time trying to battle workers’ compensation on your own. Get the legal help you need and contact Maison Law today for a no-cost, no-obligation consultation.
Can I File a Lawsuit Against Workers’ Compensation for a Fall Injury in Salinas?
Yes, any injured worker has the right to compensation and can file a lawsuit against workers’ compensation. If an injured person feels as though they have been treated unfairly at any time during the workers’ compensation process, they can file a lawsuit to get the workers’ compensation benefits. While you can dispute these claims yourself, it is much easier to reach a successful outcome with the help of a Workers’ Compensation Attorney.
Other reasons you may need to file a lawsuit against workers’ compensation include:
- 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 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.
Filing a Fall Injury Workers’ Compensation Claim in Salinas
If you work in Salinas and you suffer a fall injury, it is vital to report the incident to your employer the moment you become aware of your injury. It does not matter if you were at fault for the fall, you should always report any injury while at work. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
For example, even if you only fall from a three-foot-high platform at a construction site and you feel only slight discomfort from the incident, you will still need to report the injury the moment it happens. Even if you’re not experiencing any painful symptoms, you may at a later date. By allowing symptoms to exist without reporting them, workers’ compensation can argue that you weren’t too injured to work, or the injury got worse because you chose to ignore it. This can hurt your claim.
However, if any situation like this arises, do not hesitate to contact a Workers’ Compensation Attorney at Maison Law to protect your right to workers’ compensation benefits and additional compensation.
Here are the recommended steps for filing a workers’ compensation claim in Salinas:
- 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 illness or 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.
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
Other OSHA requirements include:
- Fall protection from four-foot falls in general industry workplaces
- Five feet fall protection for shipyards
- Six feet for construction jobs
- Eight feet for long shoring operations
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.
Privette Doctrine Protection for At-Risk Job Sites
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.
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 a defective forklift to use. Let’s say this defect causes the forklift to become unbalanced, and it crushes the operator’s arm under the weight. In this case, the property owner would not be protected by the Privette Doctrine and could be held liable for damages.
Contact a Salinas Fall Injury Workers’ Compensation Claim Lawyer
Navigating the workers’ compensation process can be complex, especially if you are fighting by yourself to get the benefits you’re entitled to. If you’ve suffered an on-the-job fall injury in Salinas, do not hesitate to speak to one of our dedicated Workers’ Compensation Attorneys at Maison Law to get the legal representation you need.
Our skilled attorneys have years of experience in managing workers’ compensation cases and have helped injured workers in Salinas reach successful outcomes, no matter how big or small their injury claims are.
Taking legal action for a workers’ compensation claim can seem like a hassle, but trying to piece your life together by yourself after a work-related injury is far more difficult. Don’t waste another second wondering how to handle your workers’ compensation case on your own. Contact Maison Law today for a free consultation and see what legal options are available for your situation.
