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Modesto Workers' Compensation Blog

Holding your employer responsible for an accident

If you were injured in a workplace accident in the state of California, you may be wondering what the appropriate course of action should be when it comes to holding your employer responsible. You may believe that the accident was caused because of your employer's negligence in regard to safety, for example.

If you want to take action after a workplace injury, it is important that you take the time to understand how the law works. You should also make sure that you take the correct steps in order to get the compensation that you deserve.

Hazards associated with working on around scaffolding

Working at a construction site presents certain unavoidable risks, but construction workers also commonly suffer injury in accidents that may have been preventable. Many construction accidents involve the use of scaffolds, or temporary, elevated work platforms that enable workers to reach certain heights. As someone who often relies on scaffolds, you may have an idea of just how dangerous they can be.

According to the U.S. Department of Labor’s Occupational Safety and Health Administration, about 2.3 million American workers rely on scaffolds annually, and preventing scaffolding-involved accidents could help reduce the more than 60 deaths and 4,500 related injuries that occur each year. Because so many scaffolding-related injuries and accidents arise due to similar situations and circumstances, recognizing where your risks are should help you learn to mitigate them. Thus, it is important to recognize that many scaffolding accidents result from the following:

Can I claim workers' compensation for an infectious disease?

Many workers in the United States are aware that they can make a claim for workers' compensation after being injured at work. Becoming injured because of a fall or because of faulty machinery are situations that are quite obviously eligible for workers' compensation claims.

However, some instances can be less obvious. For example, if you contracted an infectious disease and you believe that you acquired it in the workplace, you may be unsure whether you will be able to make a claim.

Why are workplace injuries so common?

If you have been injured in the workplace here in California, you understand that it can be a frustrating and painful process. You may suffer pain and temporary disability and may not be able to return to work for some time.

Workplace injuries are common occurrences despite the high safety standards that are in place. If you have been injured, it is important to understand how the law works in California. The following are some of the most frequently asked questions regarding workplace injuries.

There's no need to fear making a workers' compensation claim

When a person is injured in the working environment and suffers as a result, they often do not take action to recoup the benefits that they are entitled to. This is due to two main reasons: It is likely that they do not know about the compensation that they deserve, or they are fearful about making a claim.

Workers might be fearful of making a workers' compensation claim because they do not want to suffer retaliation from their employer. If you are concerned about making a workers' compensation claim, the following are explanations to some of the most common questions.

How should workplace machinery be safeguarded?

Many workplaces have different types of machinery that are used daily in order to get certain tasks done. This machinery will come with health and safety risks, and this is why it is important that all machine operators have adequate training.

Machines can cause injuries when they are used in an improper or negligent way. They can also cause injuries if they malfunction as a result of poor maintenance. If you have been injured when operating machinery in the state of California, it is important that you understand your rights to claim workers' compensation. You should also take the time to educate yourself on machine safeguarding.

Top reasons for workers comp denials

Workers who suffer an employment-related injury in California turn to workers' compensation to obtain the benefits they need to get medical treatment and make up for lost wages. Understanding why some claims receive a denial can help you avoid common mistakes that delay or prevent much-needed benefits.

If you do receive a denial, it is most likely not the end of the road; you still have recourse to filing an appeal. Be sure to act promptly, as the appeals process runs on strict deadlines.

Can I take action if I think I was exposed to toxins?

Many workers in the United States are unfortunately exposed to toxins every day. In an attempt to prevent such exposure, there are many safety procedures in place that are enforced by law.

If you work in an environment that is at risk for toxic exposure or you believe that you may be at risk of toxic exposure, it is important that you understand your right to be safe. You should also make sure that you know how to take legal action if you do suffer as a result of toxic exposure.

When can I sue my employer for a work injury?

When a person is injured in the workplace, the procedure is usually quite standard because claims go through the workers' compensation procedure. This typically means that an injured worker will simply fill in a form, and their owed compensation will be calculated once this claim has been made.

However, in more extreme circumstances, an employee may feel that their employer was extremely negligent and that they were responsible for the incident. In a case such as this, an employer will likely feel motivated to take legal action against the employer in addition to claiming workers' compensation insurance.

How can I have my lost wages replaced?

If you were injured in the workplace and had to take time off work in order to recover, then it is likely that you lost wages as a result. This will probably have had a significant effect on your household and may have increased financial stresses. Since you were injured in the workplace, you have certain rights to be able to reclaim the injuries that you suffered in relation to the workplace accident, including lost wages.

As part of your workers' compensation claim in the state of California, it is likely that you will be able to get a replacement of wages. Rarely does wage replacement cover the entire sum of the total wages lost during the period of your recovery; however, it should be able to help you significantly.

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