Maison Law Accident & Injury Lawyers of Modesto represent victims of crush injuries at work in California. If you or a loved one has suffered broken bones, internal organ failure, or any major injury due to heavy forced weight against your body while at work, the Modesto Workers’ Comp Attorneys will help you get compensation to recover damages. Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation.
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, which include:
- 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.
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 Maison Law Accident & Injury Lawyers of Modesto today to discuss your legal options.
Do I Need A Lawyer for a Crush Injuries Workers’ Comp Claim in Modesto?
In California, if you are injured on the job, you will receive temporary disability benefits through workers’ compensation, even if you were at fault for causing the accident that led to your injury. To begin receiving temporary disability benefits you do not need a lawyer, but it is recommended to consult a lawyer in the following scenarios:
- Your claim is denied: if your worker’s 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.
Types of Permanent Disability Benefits for Crush Injuries Workers’ Compensation Claims in Modesto
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 After a Crush Injury in Modesto?
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. Maximum Medical Improvement (MMI) refers to the point in time in which a medical professional determines you have recovered as much as possible from your injuries as possible and you will be unlikely to recover further with additional treatment.
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
Contact a Crush Injuries Workers’ Compensation Lawyer in Modesto
At Maison Law Accident & Injury Lawyers of Modesto, we recognize the risks of crush injuries workers face every day in California. 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 Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation. There are no upfront charges for our legal assistance and you won’t pay a cent unless we win your case.