Maison Law Accident & Injury Lawyers of Modesto represent victims of fall injuries while on the job. If you or a loved one has been under-compensated or received inadequate workers’ compensation benefits after suffering a fall injury, our Modesto Workers’ Comp Attorneys will help you get the compensation you need. Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation.
Can I File a Lawsuit Against Workers’ Compensation for a Fall Injury in Modesto?
Yes, any injured worker has the right to compensation and can file a lawsuit against a workers’ compensation. If an injured person feels as though they have been treated unfairly at any time during the workers’ compensation process, they can file a lawsuit to get the workers’ compensation benefits they need. Other reasons for filing a lawsuit against worker’s compensation include:
- 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.
It is important to note that filing a lawsuit against workers’ compensation does not affect or change the status of your employment with your employer. In fact, employees are protected from retaliation from their employers. If an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation
Fall Prevention in The Workplace
California Law requires employers to provide employees with a safe place to work and to prevent fall injuries in all occupations. In addition, Federal Occupational and Health Administration has mandated the use of fall prevention systems to protect workers from falls greater than 4 feet.
Standard guardrails or equivalent should be installed along all unprotected edges of open side runaways, platforms, and floors greater than 4 feet above the lower level or the floor. OSHA also requires fall protection for floor and wall openings of stairwells, ladder openings, and chute openings. It is the employer’s job to create a workplace that prevents employees from falling off of overhead platforms, elevated workstations, or holes in the floor and walls. Other OSHA requirements include:
- Fall protection from four-foot falls in general industry workplaces
- Five feet fall protection for shipyards
- Six feet for construction jobs
- Eight feet for long shoring operations
Privette Doctrine Protection for At-Risk Job Sites
The Privette Doctrine creates protection for property owners when a contracted worker is injured on their property. To invoke Privette Drive protection, a property owner must establish the following:
- The injured or deceased person was an independent contractor
- The property owner hired the plaintiff or the plaintiff’s employer directly or indirectly
An example of this scenario would be from Miller v. Roseville Lodge 1293. Roseville Lodge hired a contractor to move an ATM on its premises. The contractor appointed the plaintiff, Ricky Lee Miller Jr., to perform the work. Miller fell when he was on a scaffold and suffered injuries. The plaintiff attempted to sue the Roseville Lodge for damages but was unsuccessful because the work was appointed to the contracted company. Therefore, under the Privette Doctrine, the contracted company was responsible for Miller’s safety, not the property owner. So, in this case, Miller would only be able to recover damages through worker’s compensation provided by his employer.
Exceptions to the Privette Doctrine
Even though the Privette Doctrine acts as a shield for property owners, it does not make them immune from liability when a contracted employee or independent contractor suffers injuries on their property. One exception of the Privette Doctrine is if the property owner is directly careless and their careless actions, or failure to act, directly result in harm to another person. For example, if the plaintiff is able to cite a statute such as Cal-OSHA, which the hirer violated, then the property owner could be held liable under California Evidence Code 669 (a)(1).
Another exception to the Privette Doctrine is if a plaintiff can prove the landowner knew a dangerous condition existed on their property and the worker could not reasonably discover the dangerous condition. Also, the landowner would have to fail to warn the contractor of the dangerous condition.
A third exception to the Privette Drive exists if the property owner retains control over any part of the independent contractor’s work and carelessly performs an action, which leads to the worker’s injuries. For example, if the property owner gives the worker a defective forklift to use. Let’s say this defect causes the forklift to become unbalanced and it crushes the operator’s arm under the weight. In this case, the property owner would not be protected by the Privette Doctrine and could be held liable for damages.
Filing a Fall Injury Workers’ Compensation Claim in Modesto
If you suffered a work-related injury or illness in Modesto, it is vital to report the incident to your employer the moment you become aware of your 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 filed past the 30-day mark, workers’ compensation insurance may believe your injury is not severe enough for medical treatment or benefits since you waited so long to file a claim. If you give the insurance company any reason to deny your claim, they most likely will. If you need help with your claim or have any questions, do not hesitate to contact a Modesto Workers’ Compensation Lawyer.
Here are the recommended steps for filing a successful workers’ compensation claim:
- 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 illness or 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 a Fall Injuries Workers’ Compensation Lawyer in Modesto
At Maison Law Accident & Injury Lawyers of Modesto, we recognize the risks of fall injuries workers face every day. Falls can occur due to uncovered manholes, missing steps, or guardrails on a stairwell, so, they can happen to any type of worker if proper safety precautions are not followed. If you’ve suffered a fall injury and 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.