Maison Law Accident and Injury Lawyers of Modesto helps anyone that’s been injured in an accident in Modesto. You might be aware that accidents can happen anywhere at any time, but one of these accidents could just as easily happen to you at work. While it doesn’t change your legal rights, it does give you other options besides an injury claim–namely you have workers’ compensation protections at your disposal. To learn more about your options, contact us today for a free consultation.
Why Would You Need a Workers’ Compensation Lawyer in Modesto?
As a worker in Modesto, knowing California’s employment laws helps to hold your employer accountable, and makes sure you’re treated fairly. California has strong workers’ compensation laws that cover:
- Injuries – Employers must provide coverage for medical expenses, lost wages, and rehabilitation if you’re injured at work.
- Safety – Your employer must maintain a safe work environment, and you have rights to file a claim for injuries caused by unsafe conditions.
- Disability – If you’re temporarily or permanently disabled due to a work injury, you have benefits to address those losses.
- Wrongful termination – If you’re fired because of a work injury, you may have a wrongful termination claim, as well as a personal injury claim.
Navigating these protections can be complex, which is why having our lawyers on your side can be crucial. We’ll make sure to unravel all the complexities of a potential claim, making sure your rights as a worker and injury victim are protected.
Do I Need to File a Workers’ Compensation Claim or an Injury Claim?
When you’re injured at work, it’s obviously very stressful. Whether you work in dangerous conditions or not, there’s always the chance that you could get hurt. When this happens, it’s very important to look at your claim options. There’s basically two:
- Filing a workers’ compensation claim through your employer
- Filing an insurance claim against the person or company at-fault for your accident and injuries
- Filing a lawsuit
An easy way to understand this process is to look at a workers’ compensation claim as an insurance claim, where you submit a claim to an insurance company and they come back with either a full settlement offer or paying you benefits for an ongoing period of time.
Then, once that process plays out, if you need more help or you’ve been targeted by your employer for taking workers’ comp, you can move forward with a civil lawsuit. Our experienced team can help you with both of these processes, but really, it’s all about recovering your “damages.”
In a work-injury claim, these can be significant. Normally, they include things like:
- Current lost income
- Loss of benefits or earning potential, if you’re temporarily disabled
- Medical expenses
- Ongoing care needs
- Emotional distress
- Pain and suffering
Obviously, you don’t want to get hurt at all. That said, a workplace injury can have a wide variety of causes. What’s important to remember is that you have legal options for taking care of your injuries, either through workers’ comp or through the legal system. Remember, you have to file an injury lawsuit in California within two years of the date of your accident.
What Can Cause Workplace Injuries in Modesto?
Workplace injuries can happen in any environment, but some workplaces are more hazardous than others, whether you work in a restaurant with open flames or factories with heavy machinery and hazardous materials. Certain unsafe conditions commonly lead to injuries, including:
- Not getting enough training or supervision
- Using equipment without the right authorization or certification
- Using damaged or poorly checked equipment
- Not having enough staff in risky areas
- Not cleaning up spills or other dangers
- Missing safety warnings and signs
- Exposure to harmful chemicals or toxins
- Employer not fixing dangerous structures or equipment
- Injuries from repetitive tasks
- Not having proper safety gear
All of these things are present in virtually any work environment in Modesto. Yet, when it comes to your situation specifically, you have to know how to approach the accident to gather what you’ll need for a claim–and to get the benefits you’re entitled to under the law.
What Should You Do If You Get Hurt at Work in Modesto?
Nobody goes to work expecting to get injured, even if you work in a potentially risky environment. Still, if you get injured at work in Modesto, there’s a specific process to protect your rights and form the foundation of your claim. Here’s what you should do:
- Call for help – Your health comes first. Get medical attention as soon as possible by calling 911 or going to a hospital or urgent care.
- Report the accident – Tell your employer about the accident and your injuries as soon as you can. California law requires you to report workplace injuries within 30 days.
- File for workers’ compensation – Many injuries in the workplace are going to be covered by workers’ compensation. Ask for the form to fill out. Complete it and return it to them, and make sure to keep a copy.
- Investigation – The workers’ compensation insurance will investigate your claim. This may involve reviewing your medical records and talking to you and any witnesses.
- Medical evaluation – You might need to see a doctor chosen by the insurance company to assess your injuries and determine the treatment you need.
- Benefit decision – The insurance company will decide if your claim is valid and what benefits you are entitled to, such as medical treatment, temporary disability payments, or vocational rehabilitation.
- Resolve disputes -If there are issues with your claim, like disagreements about your disability or injury cause, you might need to go through a dispute resolution process, which could involve negotiation, mediation, or a hearing.
- Return to work – If you’re able, your employer may offer you work that fits your medical restrictions. If you can’t return to your old job, you might receive help with finding new employment through vocational rehabilitation services.
Obviously, every situation is different. You might heal quicker from your injury than other co-workers. But you also might be more hurt than others. It’s all about taking these steps to protect your rights and potential options by taking these steps. From there, it’s about having the right guidance.
Frequently Asked Questions
Can I get fired for being on worker’s compensation?
No, when you are receiving workers’ compensation benefits, you’re protected against retaliation from your employer. This means you aren’t allowed to be fired, or otherwise punished (like being demoted or given less favorable schedules) for being or workers’ comp.
When do I need to file a lawsuit after a workplace injury in Modesto?
If your employer does retaliate against you for being on workers’ comp, you have certain legal options, namely the ability to file a civil lawsuit to recover damages like lost wages and other benefits, on top of any medical expenses that come up because of your accident.
Does my employer have to offer workers’ compensation in Modesto?
Generally yes. California law requires most employers provide workers’ compensation insurance to cover employees who are injured or become ill due to their job. This means you have rights and protections when you get hurt at work through no fault of your own.
Experienced Workers’ Compensation Lawyers in Modesto
At Maison Law Accident and Injury Lawyers of Modesto, we know the challenges you and your co-workers face. Your job supports your family and helps your employer, but it can also come with risks. If you’re injured at work, we’re here to help. Our Modesto workers’ compensation lawyers have the experience to guide you through the legal process during this tough time. Contact us today for a free consultation to get the process started.