Maison Law can help with a Workers’ Compensation case involving an injury caused by defective equipment. If you have suffered an injury on the job in Visalia or Tulare County, contact a Visalia Workers’ Compensation Lawyer for a free consultation.
Deciding Whether You Need a Lawyer for Your Case
If you suffer a serious injury due to defective equipment at your workplace, it’s a good indicator that you should have legal representation. A more serious wound and a longer period away from work will mean you’ll need more support to pay your medical bills and support your family. You’ll also likely need this support for longer.
This is a higher value case, and the level of compensation you receive on a Workers’ Comp benefit check becomes much more important. Not every injured worker gets the same level of attention and benefits. It’s often up to a skilled Visalia Defective Equipment Workers’ Comp Lawyer to ensure the full story of your injury and your difficult recovery is told. This attention to detail, plus strong evidence, is the best way to earn you the most possible.
Victims always have the right to file their own claims, but a skilled Tulare County Workers’ Comp attorney is often able to secure much more, especially when a serious injury is involved.
A serious injury caused by defective equipment may involve:
- An electrical shock injury
- A burn injury
- A broken bone
- A neck or back injury
- Nerve damage
- Brain trauma
- Tendon and ligament damage
- Cuts
- Crush injuries and amputations
The guidebook provided by the California Department of Industrial Relations (DIR) explains that you should consider hiring a lawyer if you believe your employer or a claims administrator is treating you unfairly. The department also recommends seeking legal counsel if you’ve suffered a permanent disability.
Support You Should Expect After Filing a Workers’ Comp Claim
Victims should receive support for the medical setbacks they suffer immediately, and the complications that may linger in the years ahead. They must be supported for the essential paychecks they lose and any effects on their ability to support themselves and their families in the future.
The DIR Injured Worker’s Handbook goes over all the different types of support available through a claim. This is a look at some of the support victims could receive:
- Hospital Bills and Physical Therapy Costs. Paid for directly by your employer’s Workers’ Comp insurance provider. This can include therapy costs for the emotional damage a frightening workplace injury can cause.
- Temporary Disability Benefits. Payments if you lose wages because your injury prevents you from doing your usual job while recovering.
- Permanent Disability Benefits. Payments if you don’t recover completely and your injury causes a permanent loss of physical or mental function that a doctor can measure.
- Supplemental Job Displacement Benefit. A voucher to help pay for retraining or skill enhancement, including the cost of vocational therapy for you. These benefits are available to those who are eligible to receive permanent disability benefits, your employer doesn’t offer you work, and you don’t return to work for your employer.
The Risks Visalia Workers Take Around Defective Equipment
Many Tulare County workers rely on equipment to complete their tasks each day. It’s up to employers to make sure the tools and machines they ask workers to use are safe and maintained properly.
Safety features and automatic turn-offs should always be in working order and tested frequently. When these precautions are skipped, workers can get hurt.
Some workers may rely on conveyor belts and forklifts that could malfunction and cause harm. A canning machine could glitch, leaving workers vulnerable to devastating injuries. Farmworkers could be hurt by the equipment used in harvesting. A part may snap and send objects flying through the air. The powered tools used by a construction worker could overload and cause harm.
In some cases, the support due to injured workers can go beyond Workers’ Compensation. The makers of these devices, tools, and machines bear responsibility when a design flaw or a manufacturing error causes injury.
Your attorney could explore filing a lawsuit on your behalf and check for any recalls that had been ignored.
Frequently Asked Questions
Can my family ask for support from Workers’ Comp if a loved one is killed in a workplace accident?
Yes, families can file for death benefits after losing a loved one to an equipment malfunction accident. A Visalia Workers’ Comp attorney would negotiate on behalf of families to make sure they received everything needed to support themselves in the coming years.
How much does a Workers’ Compensation lawyer earn?
After a win, the lawyer would usually receive between 10% and 15% of the award the client received. The complexity of the case would usually determine the exact fee. A Workers’ Compensation judge checks over the fee to make sure it’s fair and has to approve it. Make sure to ask your potential attorney about how much they charge before hiring one.
How long can I wait to mention an injury caused by defective equipment?
Injured workers usually have up to 30 days to report an injury to an employer. Then they have one year from the date of the accident to file a claim. In some cases, the one-year deadline counts down from the day the worker learns of an injury or illness. The deadline could be extended if the victim is under the age of 18.
Can I receive Workers’ Compensation benefits if I’m not a U.S. citizen?
Yes. In California, injured workers receive benefits regardless of their immigration status or undocumented worker status. Maison Law can help many victims secure more support for their families.
What should I do if my employer threatens me for reporting an injury and missing work?
Employers may threaten to fire you or report you to immigration authorities if you file a Workers’ Comp claim. This behavior is illegal. The employer can be fined, face criminal charges, and have to pay restitution to the victim. Maison Law would take legal action if a business owner or company resorted to threats or took retaliatory actions.
Contact a Visalia Workers’ Compensation Attorney
A workplace accident can leave victims feeling vulnerable and fearing for their jobs. Maison Law never wants workers to feel like they’ve been abandoned.
Reach out to Maison Law to set up a free, no-obligation consultation. We want to hear about what happened to you and then help you determine the best course of action for your family.
We also understand that families who have medical bills to pay and are dealing with lost paychecks won’t usually have the money to hire a lawyer. That’s okay. Maison Law doesn’t ask for any payment up front. We only get paid if we win your case for you. Then our fee comes out of the benefits insurance companies are forced to provide.
