Workers' Compensation Claims - Industrial Accidents at Work
Industrial accidents are generally defined as any mishap or accident that happens in the workplace that results in injuries to a person. If your injuries are due to an industrial accident, you have the right to seek a Sacramento workers’ compensation lawyer’s help. A workers’ compensation attorney can help explain what qualifies as a workers’ compensation claim and the benefits of workers’ compensation. If you need assistance with your case, visit Sacramento Workers’ Compensation Attorneys, P.C. at our Sacramento office and we’ll discuss your legal options.
Truck accidents, car accidents, repetitive motions resulting in musculoskeletal injuries, falling objects, exposure to hazardous chemicals and fumes, burns, overexertion, and hearing loss are just some of the common types of industrial accidents that can occur in the workplace.
The leading causes of industrial accidents include fatigue and stress, carelessness and negligence of employees, acts of workplace violence, and the presence of hazardous materials. Other causes of industrial accidents are manufacturing defects, lack of proper training on body mechanics, and lack of training on the appropriate procedures of operating machinery and equipment. Inadequate equipment maintenance and misuse of equipment also increase the risk. Other causes include not wearing protective and safety gear, improper handling of chemicals, poor leadership, and inadequate supervision.
An industrial accident is an unexpected, uncontrolled, and unplanned incident or mishap in the workplace that results in bodily injuries to a person. Injuries and disabilities can be classified as fatal or non-fatal and partial or total.
Accidents vary in severity, degree of injuries, and duration. These effects can either be direct or indirect. Temporary accidents render the worker disabled for a short period of time. Permanent accidents can render the worker incapacitated for life.
Industrial safety is the protection of workers and employees from dangerous incidents, health risks, injuries, and loss of life. To prevent industrial accidents, it’s important companies have safety programs in place. They should be able to identify potential dangers and hazards and continuously and diligently monitor safety performance. Companies are also required to provide continuous education as well as training and seminars on accident prevention. Failure to do so can make companies responsible for industrial accidents.
If you sustained an industrial accident, you are entitled to receive workers’ compensation benefits. However, you have to meet two basic requirements before you can file a claim.
- You’re employed and are working for the company. Former employees suffering from work-related injuries and illnesses are also entitled to file a workers’ compensation claim.
- Your job-related duties caused your injury or illness.
If your injuries are not related to your duties, you are disqualified from claiming workers’ compensation benefits. For example, if you slip and fall while picking up your lunch, you cannot claim workers’ compensation benefits. But, if you’re picking up your employer’s lunch, it can qualify as work-related.
Workers’ compensation is for all employees, not just full-time employees. If you’re a seasonal worker or a part-time employee, you’re also eligible as long as your injuries are work-related.
California’s workers’ compensation program gives you five benefits:
- The company pays for your medical care until you recover from your injuries.
- While you are unable to do your job, the company pays you temporary disability benefits for the income you lose.
- If your injuries are permanent, your company provides you with permanent disability benefits.
- If you never fully recover from the industrial accident and the company can’t provide you with alternative work, you receive supplemental job displacement benefits. Supplemental job displacement benefits are for educational retraining and skill enhancement classes provided by state-accredited and state-approved schools.
- If the industrial accident caused your death, your dependents receive death benefits.
What can you do?
Some companies will dispute their employees’ workers’ compensation claim. If this happens to you, you need to visit Sacramento Workers’ Compensation Attorneys, P.C. We can answer any questions you have about industrial accidents, safety precautions, and the leading causes of these accidents. We will also discuss what qualifies as a workers’ compensation claim and the benefits of workers’ compensation. Filing a workers’ compensation claim can be difficult and confusing, especially if your employer is disputing your claim. Let one of our Sacramento workers’ compensation attorneys help you explore your legal options.