Maison Law Accident & Injury Lawyers of Fremont represent victims of fall injuries at work in California. If you or a loved one has been under-compensated or received inadequate workers’ compensation benefits after suffering a fall injury, our Fremont Workers’ Comp Attorneys will help you get the compensation you need. Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation.
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
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
What Fall Injuries are NOT Covered By Workers’ Compensation?
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. Injuries and illnesses that are not covered by workers’ compensation may include:
- Injuries incurred due to intoxication or impairment
- Injuries due to knowing violation of a policy or code
- Horseplay or intentional misconduct
It is important to know workers’ compensation does not cover natural disasters. So, even if you suffer a fall from an earthquake, tornado, or flooding, your injuries would be covered by your personal insurance instead of workers’ compensation. 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.
Common Fall Injuries in the Workplace
According to OSHA, there were 351 falls to a lower level out of 1,008 construction fatalities. While not all workplace fall are fatal, they typically result in severe injuries. The most common injuries from falling include:
- Traumatic brain injury
- Head injury
- Neck injury
- Spinal cord injuries
- Soft tissue damage
- Lacerations
- Internal organ damage
Construction work is the industry with the most fall injuries and fatalities. Other jobs that have the most fall injuries include:
- Roofing
- Window cleaning
- Logging
- Industrial maintenance
- Electricians
Your Rights To Workers’ Compensation After a Fall Injury
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. California also provides injured workers with:
- 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.
How to File a Fall Injury Compensation Claim in California
While telling your boss or manager about your work-related injury the moment it happens is a great first step, it does not make you eligible for benefits through the workers’ compensation program. You must complete the following steps to receive and submit a workers’ compensation form:
- Tell your manager, supervisor, or someone in the administration department at your job about your fall injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
- 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 fall 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 California
At Maison Law Accident & Injury Lawyers of Fremont, we recognize the risks of fall injuries workers face every day in California. 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 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.