Maison Law represents workers injured in forklift accidents in Salinas. Workers’ compensation through your employer is designed to provide medical and financial coverage after you’ve been injured at work. But what if workers’ compensation does not provide enough support? What if your claim is denied, or you require long-term medical treatment?
At Maison Law, our Workers’ Compensation Attorneys will help you manage your claim to ensure you receive all medical treatment your injury requires, as well as secure the compensation you need after a work-related injury.
Contact Maison Law today for a no-cost, no-obligation consultation.
Salinas Forklift Injury Workers’ Compensation Benefits
According to California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. This coverage applies to full-time, part-time, and even temporary workers. 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. Benefits available to workers injured in a forklift accident 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
If any of these benefits have been reduced or denied, our attorneys can investigate your situation and take legal action if necessary. Don’t hesitate to contact for a free case review if you have any legal concerns about your workers’ compensation benefits.
How Maison Law Helps Workers Injured in Forklift Accidents in Salinas
Workers’ Compensation provides critical support for injured forklift workers in Salinas. By California Law, injured workers are entitled to two-thirds of their lost wages through temporary disability and medical bills. Unfortunately, treatment can be denied, and temporary disability can be abruptly ended. This leaves many workers with uncertain futures and a mountain of medical debt.
With the help of a Workers’ Compensation Attorney at Masion Law, your rights to benefits and fair compensation will be protected. Depending on the circumstances of the forklift accident, a third party, such as a property owner, contractor, or parts manufacturer, may be responsible for your forklift injuries. In this case, an attorney can help you receive additional damages for:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- 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
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
Forklift injuries are often life-altering due to the weight of the equipment and the damage it can do to a person. For that reason, it is essential to consult with one of our attorneys at Maison Law to ensure you receive long-term, or lifelong care after a work-related forklift injury in Salinas.
Stages of a Life-Altering Forklift Injury Lawsuit
A personal injury lawsuit is a formal demand for compensation for losses. This is different than a workers’ compensation claim as it provides compensation for other damages not covered by workers’ comp. If a person suffers harm or injury due to another party’s negligence, then they can take legal action against that party to recover damages for medical costs, lost wages, and emotional trauma. The process typically goes as follows:
- An individual gets hurt
- The injured victim hires a personal injury lawyer
- A claim is filed with the insurance
- If the insurance does not offer a fair settlement, the victim’s attorney will build their case to prove the value of their damages and negotiate
- If the insurance still does not settle, then a personal injury lawsuit will be filed
- Both sides will gather evidence and present them at settlement negotiations
- If no settlement is reached, then the case goes to trial
Proving the Extent of a Life-Altering Forklift Injury in Salinas
Proving the extent of a life-altering injury in Salinas requires the collection and assessment of evidence such as:
- Medical records
- Expert testimony
- Documentation illustrating the severity and impact of the injury
In personal injury cases, a significant amount of damages will be determined by future medical needs. If your injury is life-altering, then you will most likely require ongoing treatment, medical procedures, medication, and the use of medical equipment for the majority of your life going forward. The type of medical care you will need and the amount it will cost is determined by a medical expert. It is the job of the personal injury attorney to hire the proper medical expert concerning your injury.
The Role of Medical Experts in Life-Altering Forklift Injury Accidents
Medical experts are certified healthcare professionals with training and experience in different types of medicine, depending on their field of expertise. They provide insight into the physical, mental, emotional, and financial toll a significant injury will have on a person’s life in the future.
Medical experts play a vital role in determining the outcome of personal injury lawsuits. Their testimony, medical records, and report will assess the scope of the injury, the cause of the injury, and the prospective future financial costs the injured victim will most likely face.
Common Causes of Forklift Injuries in Salinas
Many different factors lead to forklift injuries. However, the majority of forklift injuries can be attributed to a combination of human error and mechanical failure. The most common causes of forklift injuries include:
- Speeding: certain forklifts are capable of traveling at surprisingly high speeds. Extra caution is necessary when operating fast-traveling forklifts because speeding increases the likelihood of rollover crashes, especially when taking sharp turns. Speeding also presents a danger to workers outside of the vehicle as they may not be able to avoid a speeding forklift.
- Sudden Reversals: a sudden reversal can end up harming unsuspecting workers within proximity of the forklift. Forklift operators come to a stop and check their surroundings anytime they begin reversing.
- Miscommunication: poor communication is one of the leading causes of workplace hazards, according to OSHA. The route and where forklifts are operating should be communicated to every worker. Effective communication can help forklift operators and their coworkers avoid unfortunate collisions.
- Failed Maintenance: a forklift is only safe if routine maintenance is performed. It is the responsibility of the employer to ensure routine maintenance is performed or to provide training to their employees, so they can perform maintenance checks.
- Jumping off forklifts: when a forklift begins to tip over, many drivers’ first reaction is to jump off the vehicle. But jumping off a falling forklift is the last thing you want to do. It is much safer to remain inside the forklift as the driver seat cage is designed to shield drivers from injury.
- Improper use: when forklifts are used for anything other than lifting heavy cargo, accidents can ensue. If forklifts are used as makeshift ladders or cherry pickers, accidents are almost guaranteed.
- Poor training: sufficient operations and safety training can save lives. Forklift accidents can be severe and employers are responsible for providing all forklift operators with training.
Your Rights While on Workers’ Comp in Salinas
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 representing 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.
Types of Worker’s 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 workers’ 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 Maison Law | Salinas Forklift Injury Workers’ Compensation Lawyers
Workers’ compensation may cover some of your losses, but injured workers may still struggle to receive the full range of benefits they’re entitled to after suffering a forklift injury. These types of injuries are extensive, and workers’ compensation will most likely dispute coverage for the full scope of your damages.
Fortunately, the Workers’ Compensation Attorneys at Maison Law will manage your workers’ compensation claim and ensure you receive fair compensation and necessary medical treatment. Our goal is for you to focus on recovery while we reach a successful outcome on your behalf.
Don’t let a work accident define the rest of your life. Contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our legal services and you will not be charged a cent unless your case is won.
