Salinas Scaffolding Workers’ Compensation Lawyer

Maison Law represents injured scaffolding workers in Salinas. 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 workers’ compensation and personal injury law, so we can facilitate every aspect of your case to ensure you get your life back on track after a horrific, work-related injury.

Filing a lawsuit can seem overwhelming, but these legal avenues were designed to ensure you and your family are taken care of after a work-related accident. So, if you have questions or need immediate legal assistance, we’re here to help. Contact Maison Law today for a no-cost, no-obligation consultation to see what legal options are available for your situation.

Benefits Provided By Workers’ Compensation

If you’re injured in a scaffolding accident in Salinas, 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.

Do I Need a Lawyer for a Scaffolding Salinas Workers’ Compensation Claim?

Workers’ compensation claims in California can be complicated, especially when it comes to scaffolding injuries. This is due to the potentially liable third parties. At a construction site where scaffolding is typically used, there will be contractors, site managers, and property owners. Depending on the details of your accident, every party could be held responsible for your injury. However, regardless of who is at fault, it is important to remember that you are always entitled to workers’ compensation if you’re injured at work.

If another party is at fault, then a Workers’ Compensation Lawyer at Maison Law will file a personal injury claim against the liable parties on your behalf. This would allow you to recover damages in addition to your workers’ compensation benefits. These damages include:

• Present and future medical costs
• Lost wages (if you have to miss work to recover)
• Retraining or re-education for job placement if you have suffered a disability from the accident
• Pain and suffering
• Loss of enjoyment of life
• Wrongful death

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 the 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

If an OSHA violation resulted in your injury, then you will have a strong case. To better understand your legal options after a scaffolding injury, contact us today for a free review of your case.

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.

Can I File a Lawsuit Against Workers’ Compensation?

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 they need. Other reasons for filing 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 by 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.

Can I Sue My Employer in Salinas for a Scaffolding Injury?

It is possible to sue your employer after a work-related scaffolding injury. To sue your employer, you must be able to prove that their actions caused you to fall and suffer injuries. This could mean your employer created an unsafe work environment or knowingly failed to warn you about a hazardous condition. Under OSHA law, an employer must provide its employees with a safe working environment, meaning they are tasked with adhering to all the regulations that govern the work.

Another way you can file a lawsuit against your employer is if they failed to provide you with workers’ compensation after your injury. Failing to have workers’ compensation coverage is a misdemeanor criminal offense punishable by either a fine of up to $10,000 or imprisonment for up to one year. If you suffer a fall injury in Salinas and your employer is not insured, then your employer is responsible for paying all of the bills related to your injury.

Filing a Scaffolding Injury Workers’ Compensation Claim in Salinas

If you suffered a work-related injury or illness in SAlinas, it is vital to report the incident to your employer the moment you become aware of your injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.

If your claim is filed past the 30-day mark, workers’ compensation insurance may believe your injury is not severe enough for medical treatment or benefits since you waited so long to file a claim. If you give the insurance company any reason to deny your claim, they most likely will. If you need help with your claim or have any questions, do not hesitate to contact us today.

Here are the recommended steps for filing a successful workers’ compensation claim:

1. 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.
2. 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.
3. 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.

Common Salinas Scaffolding Hazards

Scaffolding is prominent in the Salinas construction industry, serving as a platform for working in elevated spaces. Scaffolding, however, carries a number of risks, such as the potential for falling, being hit by falling objects, or collapsing. The following hazards are the most typical scaffolding risks construction workers must face:

• Construction deficiencies: scaffolding is not always erected according to code, or the structure will have faulty or loose parts, making it an unsafe place to work.
• Electrocution: construction sites always need power sources and power tools. Unfortunately, scaffolding is mostly made of metal, which can cause workers on the metal platforms to get electrocuted when safety protocols are not followed.
• Falls: According to OSHA, falls account for 10% of all scaffolding accidents and more than 50% of deaths in the construction industry.
• Falling objects: Even small objects falling from great heights on scaffolding structures can cause serious injury or death. For that reason, keeping objects secure is an essential safety protocol when working on scaffolding.

Contact Maison Law | Salinas Scaffolding Workers’ Compensation Lawyers

At Maison Law, we recognize the risks of scaffolding injuries construction workers face every day, especially when proper safety precautions are not followed. If you’ve suffered a scaffolding injury and workers’ compensation has been inadequate at covering your medical bills or providing you with adequate compensation, the attorneys at Maison Law can help. If you believe a third party is at fault for your injuries, we will file a lawsuit to get you the compensation you need to get your life back.

Don’t wait until it’s too late to protect your right to workers’ compensation. Contact Maison Law today for a free consultation and case evaluation.