California Job Injury LawyersFor Immediate Help with a Job Injury Case Call 949-203-3814
Every workplace injury should be carefully and thoroughly evaluated for a potential third party claim. The reputed California job injury attorneys at Bisnar | Chase have an outstanding track record for finding and pursuing third party liability claims.
We understand the serious repercussions of job-related injuries - that they can impose severe emotional and financial burdens on workers and their families. We work diligently to help you obtain maximum compensation for your significant losses
Accidents and injuries are common in any workplace. They are more widely prevalent in some industries such as construction and manufacturing where workers tend to operate heavy machinery and perform their jobs in a highly volatile environment. However, it is the employer's responsibility to ensure that workers have a safe environment to do their jobs. The U.S. Occupational Safety and Health Administration (OSHA) lists safety measures for each industry to help prevent tragic or catastrophic accidents in the workplace. A number of job-related accidents occur as a result of safety violations in the workplace. When workers are injured on the job, there are ways and means in which they can seek compensation for their significant losses.
Common Job Site Fatalities
According to OSHA the most common job fatalities reported are related to construction and OSHA has named them the "Fatal Four". We have listed them from highest to lowest percent:
- 35%- Falls is the leading type of construction fatality.
- 10% of fatalities are from an object falling on a worker.
- Electrocutions make up 9% of fatalities.
- 2% of workers on construction sites die or are seriously injured by being caught in between objects.
Even though only 9% of job site fatalities are from electrocution, one person per day is electrocuted on the job leading to serious injury. OSHA has provided a "Electrical Safety Participant Guide" for construction safety and health.
OSHA says that 419 workers lives would be saved each year in U.S. with stricter safety measures implemented.
Since 1992 job site fatalities have declined. Unfortunately even one death or permanent injury on a job site is devastating. It has a direct impact both emotionally and financially on the worker's entire family.
Steps to Take Following an On-the-Job Injury
If you have suffered an injury on the job, you may be completely overwhelmed. However, it is important that you or a family member complete several procedural requirements in order to ensure that your rights are protected and that you receive the compensation to which you are entitled.
- Report the accident right away. Regardless of the nature of the injury or illness, your supervisor should be notified immediately.
- Fill out an Employee's Claim for Workers' Compensation Benefits and request your supervisor fill out the "employer" section.
- Discuss with your supervisor if you are able to see your own doctor or if there is a recommended hospital you must visit. Depending on the insurance plan your employer has, you may have to receive a second opinion from one of their approved doctors if you see your own doctor initially.
- Accurately describe to the medical professional exactly how the accident occurred and which parts of your body have been affected or hurt. Tell them what you can or cannot do as the result of the injuries.
- Attend all required medical appointments, keep copies of your medical slips, notes and bills and obtain copies of the notes your doctor writes excusing you from work.
- Keep copies of all documents from your employer and the insurance carrier regarding your injury.
- Keep up-to-date records regarding the number of workdays you have missed, the dates of your medical appointments, the mileage you have traveled for treatment and all of the medical costs you have incurred.
- Keep a journal of the challenges you are experiencing on a regular basis since the accident.
- Discuss your legal options with an experienced California workers' compensation attorney before accepting a settlement from an insurance provider.
Workers' Compensation Disputes
Unfortunately, many workers have their claims denied and are forced to return to work before they have fully recovered from their injuries. There are a number of reasons why a claim could be denied. Insurance providers will often look for any excuse to save money. Even individuals who clearly suffered an injury while conducting business can have their claim denied if they make mistakes while filling out the forms.
Many victims of California job injuries are not aware of their legal rights and options and fail to get the support they need. You are allowed to refuse an inadequate settlement and you can appeal the decision of an insurance provider, if it is unsatisfactory to you.
Third Party Claim
A workers' compensation claim is not the only route by which injured workers can seek damages. Very often, be it a construction accident or an industrial mishap, we see that there are many other parties involved. For example, the injured worker may be a contractor or a sub-contractor who may have been injured as the result of a dangerous condition on the property. In such cases, the property owner can be held accountable as well. In some cases, a worker may get seriously injured or killed as the result of a defective product such as a malfunctioning piece of machinery or a faulty part. In such a situation, the manufacturer of that piece of machinery or defective part can also be held liable.
In such cases, the worker or his family will need to file what is known as a "third-party claim," which is a personal injury or wrongful death claim filed against a party other than an employer. This claim can be filed in addition to the workers' compensation claim. Third-party claims are often worth many times more than the standard workers' compensation claim, which is why they can prove invaluable to injured workers and their families.For Immediate Help with a Job Injury Case Call 949-203-3814
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