Maison Law Accident & Injury Lawyers of Modesto represent victims of slip-and-trip work injuries. If you or a loved one has been under-compensated or received inadequate medical treatment through workers’ compensation after suffering a fall injury, our Modesto Workers’ Comp Attorneys will help you get the full extent of your damages Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation.
Can You File a Lawsuit Against Worker’s Compensation in Modesto?
Employees in all industries such as construction, industrial, farming, manufacturing, food service, hospitality, and transportation industries put themselves at risk for a slip-and-trip injury every day they go to work. While most workplaces are supposed to be safe, a small lapse in safety protocol can result in serious slip-and-trip injury. For example, if a soap dispenser leaks onto the bathroom floor where people walk and no one fixes it. This hazard can lead to someone slipping and taking a hard fall against a tile floor.
These accidents happen all the time, which is why all employers are required by California law to provide their employees with workers’ compensation benefits if they are injured at work. But what if your company’s worker’s compensation fails to provide enough care? What if your claim is denied? What if medical treatment is denied or only minimal treatment is approved?
There are a litany of issues injured workers can run into when attempting to receive full coverage from workers’ compensation. Fortunately, injured workers can take legal action and file a lawsuit against worker’s compensation through a Modesto Workers’ Compensation Lawyer. An attorney will manage your claim and file a lawsuit on your behalf, ensuring you maximum coverage for your workers’ compensation claim.
Employer Safety Responsibility Under OSHA Law to Prevent Slip-and-Trip Injuries in Modesto
According to OSHA, the second-most common cause of workplace injuries are hazards that lead to a slip-and-trip injury with 20% to 30% resulting in moderate or severe injuries. These typically include:
- Deep bruising
- Broken bones
- Concussions
- Torn ligaments
California Law holds all employers responsible for providing a safe working environment for their workers to prevent trip and fall hazards. Under OSHA law, your employer is responsible for:
- Providing a safe working environment, means they are tasked with adhering to all the regulations that govern the company’s work.
- Provide daily inspections of the workplaces that are prone to hazardous conditions to make sure they adhere to OSHA standards.
- Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
- Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.
Oftentimes, slip-and-trip injuries are due to a violation of OSHA regulations. In California, you have the right to request an OSHA inspection of your workspace without the fear of employer discrimination. You can file a complaint with OSHA and request an inspection here.
What Slip-and-Fall Injuries are NOT Covered By Workers’ Compensation in Modesto?
While employers must provide a safe workplace for their workers, employees also have a duty to act responsibly while at work. In certain cases, workers’ compensation benefits will not be rewarded. Slip-and-trip injuries not covered by workers’ compensation include:
- Slip-and-trip at work due to intoxication or impairment
- Slip-and-trip due to a violation of a policy or code
- Slip-and-trip caused by horseplay or intentional misconduct
It is important to know workers’ compensation does not cover natural disasters such as earthquakes, tornadoes, or flooding. Civil disturbances and product liabilities are also not covered by workers’ compensation as benefits are only applicable to injuries caused by the job itself or the job conditions.
Your Rights To Workers’ Compensation After a Slip & Trip Injury in Modesto
The state of California recognizes the importance of protecting employees who sustain work-related injuries. Workers’ compensation is designed to provide crucial benefits to injured victims, ensuring they receive medical treatment, compensation for lost wages, and assistance in returning to the workforce. These benefits serve as a foundation of labor rights in the state of California and includes:
- Protection from Retaliation: protection from retaliation is an essential right that prevents employers from taking adverse actions against employees for the sole reason of filing a workers’ compensation claim. Injured employees are also protected from the following employer actions:
- Termination
- Reduction of work hours
- Demotion
- Punitive measures
- Presumption of Retaliation: 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.
- Legal Recourse: wrongful termination while on workers’ compensation requires prompt action by the injured employee to ensure their rights are protected. A workers’ compensation attorney can provide valuable legal guidance and advocate on your behalf by gathering evidence to support your claim and represent your interests in legal proceedings.
- The Ability to Seek Redress: to seek redress for wrongfully denied claims or premature termination, injured workers can submit their claim to California’s Division of Worker’s Compensation. This department provides injured employees with the proper steps to resolve workers’ compensation issues under California Law.
What Maison Law Accident & Injury Lawyers of Modesto Can Do For Injured Workers
At Maison Law Accident & Injury Lawyers of Modesto, we aggressively pursue fair compensation for victims of slip-and-trip injuries in the workplace. Our team of Workers’ Compensation Attorneys will take the time to evaluate your case, gather your medical records, and customize a legal plan that best fits your needs. Some of our services include:
- QME Physician Selection: choosing the right doctor for your case can make all the difference in the world in getting you the treatment you need, as well as building a strong case on your behalf.
- DWC – 1 Claim Form: reporting your claim is vital to your work-related injury. We’ll help you file all the necessary paperwork and ensure your rights are protected.
- Denied Claims: workers’ compensation may deny your claim for a number of reasons, but that doesn’t mean you are not entitled to compensation or medical treatment. Our firm has helped many injured workers appeal their denied claims and win the benefits they’re entitled to.
- Utilization Review Denials: If your workers’ compensation claim does not consider your medical treatment necessary to your injury, then we will help you appeal that decision, or represent you in court if necessary.
- Wrongful Death Claims: If you’ve suffered the untimely loss of a loved one due to a work-related accident, then you may be eligible for workers’ compensation death benefits. We can help you through this difficult time and make sure you get the financial support you need.
Contact a Slip-and-Trip Workers’ Compensation Lawyer in Modesto
At Maison Law Accident & Injury Lawyers of Modesto, we recognize slip-and-trip risks in the workplace and how they can have a major impact on your health, finances, and career. Our firm would like to provide you with the legal assistance you need to get you fully compensated for your damages. If your workers’ compensation has been inadequate at covering your damages, or your workers’ comp claim has been denied, contact Maison Law Accident & Injury Lawyers of Modesto to take legal action. There are no upfront charges for our legal assistance and you won’t pay a cent unless we win your case.