Maison Law Accident & Injury Lawyers of Fremont 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 Fremont Workers’ Comp Attorneys will help you get compensation to recover damages. Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation.
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 Fremont today to discuss your legal options.
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.
When Do I Need a Lawyer for a Crush Injury Workers’ Compensation Claim in California?
Crush injuries are amongst the most painful and physically devastating for a person to endure, often resulting in permanent disability. Employees who suffer crush injuries on the job are entitled to workers’ compensation, but oftentimes, workers’ compensation can serve as more of a barrier to benefits, rather than a provider. Medical treatment can be denied or benefits cut off too soon, leaving injured employees with financial burdens, sustained injuries, and career uncertainty.
If you find yourself in a similar situation, an attorney can hold workers’ compensation responsible for all the benefits you are entitled to. An attorney will also file a lawsuit against workers’ compensation if 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.
- 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 compensation.
- A permanent disability claim: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation and guidance.
Contact a Crush Injuries Workers’ Compensation Lawyer in California
At Maison Law Accident & Injury Lawyers of Fremont, 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 Fremont 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.