As Stanislaus County’s largest city, Modesto is the sixth largest producer of agricultural products in California. With that in mind, it’s not surprising that much of the city’s population works for employers like E& J Gallo Winery and Crystal Creamery. Jobs in agriculture and warehousing are physically demanding, and workers often use machinery and tools that can cause injury or death. As a result, workers’ compensation is critical for those who are injured while working.
Are you having trouble obtaining the benefits you deserve by law? If you have been denied workers’ compensation by your employer or the company that’s managing your claim, it may be time to contact a workers’ compensation lawyer is Modesto.
Normandie Law Firm has been fighting for the rights of injured workers for many years, and we are more than ready to handle your case from start to finish. Our legal team is here for you 24/7, and we will not rest until you receive what is rightfully yours.
Please contact our office today and find out about the legal actions you can take if you are denied compensation for an injury related to your job.
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Work-Related Injuries in Stockton
Regardless of what you do for a job, there is always a possibility that you can end up with an injury. Employees in Modesto can be harmed from defective products, tripping on loose cords and wires, or end up with head trauma from a falling object. Alternatively, workers that are on the road for hours at a time, like delivery drivers and truckers, may be harmed in car accidents.
Below are some of the most common injuries that can happen to people while they are performing their job duties:
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Broken bones
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Dislocated joints
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Concussion and other brain injuries
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Damage to the ligaments and tendons
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Neck / spinal cord injury
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Torn ACL, patellar fracture, and other knee injuries
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Loss of function in one or more limbs
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Disc herniation
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Burn injury
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Deep lacerations
Apart from the initial injury, you may have long-term complications that affect you for the rest of your life. But even if you fully recover from the injury, the medical costs can be a huge burden, and this is why worker’s compensation serves as a vital lifeline for so many people living in Modesto.
How the Workers’ Compensation System Works in California
California law requires employers to provide insurance coverage for workers’ compensation. There are very few exceptions to this rule, so most people that work for a living in California can file a claim for workers’ comp if they sustain a work-related injury, either from an accident or due to cumulative use / repetitive tasks.
As someone who is injured on the job, you must talk to your employer within 30 days, but it’s best that you do this right away. After all, a claim for benefits cannot be initiated until your employer contacts the insurance company. So, the sooner you report the accident / medical condition to your supervisor, benefits coordinator, etc., the sooner you can be compensated for medical bills and lost income.
Hopefully, your claim is approved, and you start to receive payments within a matter of weeks. Unfortunately, people can end up with claim denials and stall tactics that they cannot resolve on their own. Under these circumstances, you should contact a California workers’ compensation lawyer, who can help you take the necessary legal actions.
Can I File a Lawsuit against my Employer?
No, as a general rule, you are not allowed to sue your employer if you are eligible for workers’ compensation benefits. The WC system provides you with medical care and lost wages in the event of an accident, and the purpose of these payments is to protect the employer from litigation when there is a job-related accident.
However, an exception can be made if you are unjustly denied workers’ comp. Though obtaining these payments should be a straightforward process, employers may try to stop you from filing a claim or getting all the payments you are entitled to. In either situation, you can assert your rights and file a civil lawsuit against your employer.
The vast majority of cases involving unjust claim denials involve some level of discrimination and retaliation. Denying a work accident claim based on either of these categories is illegal under California and federal laws. This is another basis for lawsuits against employers, which you can learn about during a free case review with one of our attorneys.
Compensation for Injured Workers
For those who qualify for workers’ comp payments, it’s essential to know about the different payments you are entitled to. Various forms of compensation may be available to you based on the injury you suffered and how it affects your employment. Benefits from a work-related injury claim can include the following:
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Medical expenses
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Temporary disability payments
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Permanent disability
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Supplemental job displacement benefits
If the claimant passes away because of a work accident or injury, surviving family members may be eligible for payments like funeral expenses and loss of income. Based on who is responsible for the accident, some people will have the option of suing a third party, like a product manufacturer or property owner. A third party claim can be filed along with a WC claim, but it’s important to understand the ramifications of filing two different legal actions for the same incident. This is why you should obtain legal advice from a Modesto work accident lawyer.
Help from a Lawyer Specializing in Work Accident Injuries
A work injury attorney in Modesto is here for you 24/7 if you have questions or concerns about your right to workers’ compensation. In addition, our law firm is happy to offer you the Zero Fee Guarantee from the moment you contact us. That means you will not be charged for legal services upfront, and instead, we agree to represent you on contingency. So, if do not bring you compensation from a work accident claim or lawsuit, you owe us $0 for the cost of legal fees.
The first step is to meet with us for a free case review, so contact our office at your earliest convenience.