Maison Law represents injured factory workers 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 you’re unable to get the treatment you need or return to work? These are questions that need immediate answers, and that’s where we can help.
At Maison Law, we take swift legal action on behalf of injured workers while connecting them to immediate medical attention. All workers are entitled by law to receive financial and medical care after a work-related injury, and at Maison Law, we protect that right.
To protect you and your family’s financial future after a work-related injury in Salinas, contact Maison Law today for a no-cost, no-obligation consultation.
When Do I Need a Lawyer for a Salinas Crush Injury Workers’ Compensation Claim?
Crush injuries are amongst the most painful and physically devastating for a person to endure, often resulting in permanent disability. Employees who suffer crush injuries on the job in Salinas are entitled to workers’ compensation, but oftentimes, workers’ compensation can serve as more of a barrier to benefits, rather than a provider. Workers’ compensation is not always helpful, and they can deny medical treatment or cut off your benefits, leaving you with financial burdens, sustained injuries, and career uncertainty after an unfortunate crush injury.
If you find yourself in a situation such as this, an attorney can hold workers’ compensation responsible for all the benefits you are entitled to. An attorney will also file a lawsuit against workers’ compensation if your claim is:
- Denied: if your workers’ compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- 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 compensation.
- A permanent disability claim: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation and guidance.
Lawsuits will generally end with a settlement depending on the details of your workers’ compensation claim. However, any case can end up in court, which is why we recommend you consult with an attorney at Maison Law to understand your legal options and to know the best path toward a successful outcome of your workers’ compensation case.
Permanent Disability Caused by Crush Injuries in the Workplace
When a crush injury occurs, the injured victim is usually left with a severely damaged body part, or in worse cases, the loss of an appendage. If a limb is lost or permanently damaged in a crush accident, a disability rating will determine permanent disability based on a medical evaluation performed by a medical professional. Disability rating determinations are used by:
- Workers’ compensation administrations
- Injured workers
- Personal injury lawsuits
- Insurance claims
Your disability rating will reflect your percentage of disability. The permanent disability rating is determined by several factors:
- Medical evaluation: an agreed-upon medical evaluator (AME) or a QME will provide a medical assessment of the disability.
- Impairment guides: an evaluation of a disability uses the American Medical Association Guides to the Evaluation of Permanent Impairment.
- Work restrictions: an injured employee’s limitations and restrictions.
- Age and occupation: the age and occupation will be taken into consideration, especially when a person’s line of work is no longer possible due to their disability.
What Benefits Can I Receive for a Permanent Disability?
One of the most stressful aspects of being injured in a work-related accident is realizing you won’t ever fully recover from your injuries. Getting diagnosed with a permanent disability is not something anyone pictures happening to them in their lifetime, but the sad truth is that it happens more often than you think. According to the Center for Disease Control, 7% of adults in the United States suffer from an independent living disability that makes it difficult to do daily tasks without assistance.
Fortunately, workers’ compensation provides permanent disability benefits to those who have sustained permanent limitations due to a work-related injury. Unlike temporary disability benefits, which pay injured employees for the wages they lost while recovering from injuries, permanent disability benefits are for those who are not likely to make a full recovery from their injuries. Permanent disability benefits are intended to pay for loss of “future earning capacity,” which is calculated anywhere from 0% to 100%, depending on the victim’s ability to rejoin the workforce.
The minimum amount a person can receive for permanent disability in California is $203.44 per week, and the maximum is $1,356.31 per week. However, permanent disability payments will be two-thirds the amount of the victim’s weekly wage before they became disabled.
Types of Permanent Disability Benefits
California’s workers’ compensation system offers two types of permanent disability benefits. These benefits include:
- Permanent partial disability: people deemed partially disabled with a rating of below 100% are entitled to weekly payments at an established amount. The higher your disability rating, the more money you will be able to collect.
- Permanent total disability: if you become 100% disabled from a work-related accident, then you’re entitled to weekly payment for the rest of your life. You may also be able to receive a lifetime pension if your disability rating is between 70% and 90%.
How Do I Get Permanent Disability Benefits in California?
Permanent disability benefits cannot be considered until after temporary benefits have been exhausted by the injured victim. Once temporary benefits have been exhausted, the injured victim’s injuries will be evaluated by an approved physician to determine if they’ve reached Maximum Medical Improvement.
Once you’ve reached MMI, your ability will determine if you can return to work on a restrictive basis or if you’re ready to completely return to your regular duties. Also, your employer will consider your physical restrictions before deciding to offer you “modified work.” Modified work means you will only be required to do a portion of your usual duties. If modified work is unavailable for your specific job, then your employer may choose to offer you “alternative work.” This equates to a different type of work with the same rate of pay and employment location.
If you have reached MMI and you still have physical limitations due to your work-related injury, then you must prove the following to recover permanent disability benefits:
- Your injuries came from your job doing a work-related activity
- The nature and severity of your injuries or illness has resulted in permanent disabilities
- Your disability prevents you from returning to work
Common Workplace Crush Injury Accidents
Crush accidents typically occur when a worker is caught between two unavoidable large objects. According to the Occupational Safety and Health Administration (OSHA), there are approximately 25,000 crush injuries per year with 800 of these injuries becoming fatal. The most common workplaces for crush injuries include:
- Construction sites: heavy equipment on a construction site always presents a risk to workers if other people are in the area and safety precautions are not taken. Another risk is a mechanical defect occurring, for example, if the brakes go out on a road roller and someone’s leg gets crushed in the process.
- Vehicle crashes: delivery and transport drivers can suffer crush injuries on the job if they’re involved in serious car or truck accidents. Emergency personnel are known to frequently use the “jaws of life” to remove crush injury victims from catastrophic vehicle accidents.
- Factory and warehouse accidents: Forklifts, cherry pickers, stock carts, and other large machinery are all commonly used vehicles in warehouse operations. Some of these machines can weigh up to two to three tons. So, even if a person’s foot gets stuck under one of these vehicles, it can have unbelievably tragic results.
For these reasons, California Law requires employers to provide employees with a safe place to work and to prevent injuries in all occupations. If your crush injury was due to an unsafe work environment, then please do not hesitate to contact us today to discuss your legal options.
Common Workplace Crush Injury Accidents
Crush accidents typically occur when a worker is caught between two unavoidable large objects. According to the Occupational Safety and Health Administration (OSHA), there are approximately 25,000 crush injuries per year with 800 of these injuries becoming fatal. The most common workplaces for crush injuries include:
- Construction sites: heavy equipment on a construction site always presents a risk to workers if other people are in the area and safety precautions are not taken. Another risk is a mechanical defect occurring, for example, if the brakes go out on a road roller and someone’s leg gets crushed in the process.
- Vehicle crashes: delivery and transport drivers can suffer crush injuries on the job if they’re involved in serious car or truck accidents. Emergency personnel are known to frequently use the “jaws of life” to remove crush injury victims from catastrophic vehicle accidents.
- Factory and warehouse accidents: Forklifts, cherry pickers, stock carts, and other large machinery are all commonly used vehicles in warehouse operations. Some of these machines can weigh up to two to three tons. So, even if a person’s foot gets stuck under one of these vehicles, it can have unbelievably tragic results.
For these reasons, California Law requires employers to provide employees with a safe place to work and to prevent injuries in all occupations. If your crush injury was due to an unsafe work environment or negligence, then you may be entitled to additional compensation.
Common Reasons For Salinas Crush Injuries in the Workplace
Crane operators, plumbers, electricians, carpenters, and maintenance workers are required to use a number of powerful equipment on the job every day in Salinas. However, the slightest misstep can lead to catastrophic injury, or in worst cases, death. For that reason, strict safety measures are put in place to prevent accidents, but unfortunately, mistakes do happen. The most common reasons for crush accidents include:
- Lack of safety equipment
- Inadequate training
- Defective machinery
- Poor supervision
- Unsafe construction site or job design
It is important to understand the root cause of your accident in a workers’ compensation claim is extremely important because it typically reveals the liable party. While workers’ compensation covers any work-related injury, injured victims are entitled to pursue additional damages from a third party outside of workers’ compensation. Suppose your crush injury was caused by someone else. You can then file a personal injury lawsuit against them to be compensated for medical bills, missed time at work, and emotional damages. Common liable parties for crush accidents include:
- Equipment manufacturing company
- Equipment repair company
- Property owner
- Government entity
How to File a Salinas Crush Injury Workers’ Compensation Claim
Suffering a crush accident at work can be a traumatic experience. You can help your situation by following these steps immediately after your injury occurs:
- Tell your manager, supervisor, or someone in the administration department at your job about your fall 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 denied, consult with one of our attorneys at Maison Law to protect your right to fair compensation
- 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 fall 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.
Contact Maison Law | Salinas Crush Injury Workers’ Compensation Lawyers
At Maison Law, we recognize the risks of crush injuries that workers in Salinas face every day. The damage a crush injury can do to a person’s livelihood is catastrophic, but there are legal options available to help you get your life back. If your workers’ compensation has been inadequate at covering your medical bills or providing you with adequate compensation, contact Maison Law today for a confidential, no-cost consultation. There are no upfront charges for our legal assistance, and you won’t pay a cent unless we win your case.
