Maison Law can help workers hurt while driving forklifts or after being struck by a forklift while on the job. We protect victims and file strong Workers’ Comp claims that often earn them more in benefits and allow them to count on benefit checks for much longer.
If you have suffered a forklift injury while working in Visalia or Tulare County, contact a Visalia Workers’ Compensation Lawyer for a free consultation.
Going Over Your Case to Decide If You Need a Lawyer
If your forklift accident only leaves you with a minor injury, and you return to work within a few days, you might not need a lawyer’s help. But if your injury is more serious, then a lawyer may be a necessary safeguard for your case.
A serious injury will mean elevated medical costs and more paychecks forfeited. Victims may need help providing evidence and medical documentation to prove just how much they’ll need in support and for how long. The level of support can vary from case to case, but with a major injury, victims need to make sure they get every benefit possible.
These are just a few of the ways a lawyer can affect the outcome of your Workers’ Compensation case:
- Fully investigates your accident and collects evidence to prove what happened
- Works with medical experts to document your injury and determine how long you’ll require benefits
- Files your case for you and meets all sneaky deadlines so that you can focus on getting better
- Represent you before Workers’ Compensation administrators to make sure your story is heard, and your recovery needs are addressed
- Demands the most for your injury and often secures much more for you than you could secure handling your case yourself
- Ensures you receive lifelong support if you’ve received a permanent disability
- Takes action if you feel your employer is withholding benefits
- Takes action if you feel your employer is trying to threaten you
- Files an appeal if you are denied support the first time
Workers can always choose to handle their cases themselves, but a skilled Visalia Forklift Injury Workers’ Comp Attorney can often build a stronger case that earns victims support until they’ve fully healed.
The California Department of Industrial Relations (DIR) guidebook explains a few other reasons you may want to trust your case to a lawyer.
The Hardships That Workers’ Comp Benefits Can Cover
California’s Workers’ Comp is a “no-fault” system that is available to workers even if they made a mistake and caused their own accident. Workers can generally seek benefits as long as the accident wasn’t intentional and as long as they weren’t impaired by drugs or alcohol at the time.
Victims can receive reimbursement for all past, present, and future medical bills from their employer’s Workers’ Comp insurance provider.
Victims can seek temporary or permanent disability benefits to replace a percentage of the income they lose while unable to work. Injured workers should get money to help pay for an education or training to enter a new career if they can no longer go back to their old jobs.
Families hit by tragedy should also receive death benefits if a loved one has been taken from them after an on-the-job forklift accident.
The catch is that there’s no set compensation level for any of these hardships and damages. Workers with very similar injuries can receive very different amounts every other week on benefit checks. One’s support may run out in a month, while the other worker may have support for half a year.
The outcome can depend on how well a case is presented and often on whether a worker has legal representation or not.
Forklift Accident Dangers in Visalia
Forklifts are used in many business settings in the Visalia area. They can be used to move produce and nuts on farms and orchards. Forklifts and order pickers are key to the work done in factories, in warehouses, and on loading docks.
Forklifts may be spotted on construction sites across Tulare County. The drivers are supposed to be licensed to operate these potentially dangerous machines. But operators can get careless and can be put in danger themselves when asked to perform hazardous tasks.
These are just a few of the reasons forklift accidents occur:
- Speeding operators
- Reckless operators
- Untrained operators
- Distracted operators striking pedestrians and objects
- Unbalanced loads overturning forklifts
- Broken pallets
- Forklifts used for a task they aren’t made for
- Improper maintenance contributing to an accident
- A forklift manufacturing flaw
An injured employee would usually only be able to win support through Workers’ Compensation. However, an accident involving a manufacturing defect may leave the forklift or order picker maker liable for injuries. A part may break, or brakes may fail due to a design flaw, causing a frightening accident.
A Maison Law attorney would be ready to file a lawsuit against an employer or manufacturer that showed very little concern for the safety of workers.
Frequently Asked Questions
How long can I wait to report an injury before I lose the chance to get Workers’ Comp benefits?
You have a month to alert your employer about your injury. However, you should let your employer or a manager know about your accident on the day it happens if possible. Then, injured workers usually have up to one year from the date of the accident to file a claim with California’s Division of Workers’ Compensation. In some cases, the one-year deadline counts down from the day the worker learns of an injury.
Could I win Workers’ Compensation benefits if I’m not a U.S. citizen?
You don’t have to be a citizen to earn Workers’ Comp benefits. 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 can I do if my employer threatens me after an accident?
Employers may threaten to fire you or report you to immigration authorities if you file a Workers’ Comp claim. They may demote you. Retaliation over a Workers’ Comp claim 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
Reach out to Maison Law to set up a free, no-obligation consultation if you’ve been seriously hurt in a forklift accident and will miss time at work.
Martin Gasparian, the founder of Maison Law, wants to hear about what happened to you and carefully go over your options. We want to figure out how to earn you the most in benefits, as soon as possible, and for as long as possible. Mr. Gasparian continues to protect Tulare County workers and fights to make sure they have what’s needed to fully recovery.
We also understand that families who have medical bills to pay and are dealing with lost paychecks may not 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.
