Maison Law Accident & Injury Lawyers of Fremont represent victims of slip-and-trip 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.
Why Do I Need A Lawyer for a Slip-and-Trip Workers’ Comp Claim in California?
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 a lawyer can provide you with legal support 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.
Employer Safety Responsibility Under OSHA Law to Prevent Slip-and-Trip Injuries
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 are Examples of Slip-and-Trip Hazards?
Many slip-and-trip hazards are substances or objects that make a walking-working surface dangerous. Basically, anything that decreases the amount of friction between your foot and the walking surface increases the risk of slipping. These may include:
- Water, snow, mud, grease, oil, food, or wet products
- Dust, powders, plastic wrapping, granules
- Freshly waxed surfaces
- Highly polished surfaces that remain slick when dry
- Loose or irregular surfaces like gravel or unanchored flooring
- Sloped walking surfaces without slip-or-skid resistance
- Muddy terrain
- Shoes with inadequate traction
From these examples, it is easy to see that slip-and-trip injuries can occur in any workplace if safety procedures are not followed.
When Do Benefit Payments for Slip-and-Trip Workers’ Compensation Claims Begin?
Temporary disability (TD) benefit payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. Temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury.
This is paid by filing a workers’ compensation claim through your employer. By law, payments must be made every two weeks. If a payment is missed, the insurance company must pay penalties to you. The late payment penalty is generally between 10% and 25%, depending on the benefit and the reason for the delay.
California Labor Code 4650 covers 10% penalties for overdue payments and California Labor Code 5814 specifies penalties of up to 25% for temporary disability payments that are unreasonably late. These laws provide penalties if the following temporary disability benefits are delayed:
- Medical treatment
- Settlement funds
- Mileage reimbursement
- Any other payment the insurance company is required to make
Contact a Slip-and-Trip Workers’ Compensation Lawyer in California
At Maison Law, 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 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.