Hit By A Pallet Jack While At Work Lawsuit
Working in a warehouse, Home Depot, or Lowes store has its challenges. The work can be physically demanding, and the temperature can get a bit uncomfortable in the heat of a California summer. But many employees fail to grasp that one of the most imposing safety concerns related to these jobs is being hit by a pallet jack while at work.
Pallet jacks are very common in settings where merchandise is placed on a pallet and stored on large racking systems. Using the pallet significantly increases efficiency as many items can be moved to a new location rapidly. And the machine can lift more weight than what even ten workers could lift. However, these machines also bring increased safety concerns and risks to anyone in the area when they are in operation.
While these machines provide an excellent service, they are designed to carry their load in front of the operator, which can partially block their view while driving the massive machine. And it is also very difficult for the driver to see what is near the rear of the pallet jack or directly behind it. Ideally, a spotter is working to assist the pallet jack operator, but that does not always happen when staffing is short and time is limited.
If you have been hit by a pallet jack while at work, it is crucial to know that you have the right to seek medical care and treatment while using your worker’s compensation benefits to cover the medical bills. But only in minimal instances will you be able to file a hit by a pallet jack while at work lawsuit against your employer.
The staff at Kenmore Law Group is here 24/7 to provide the information you need after suffering a workplace injury. Our worker’s comp lawyers are ready to take your call to offer the guidance you need today and schedule a free consultation to discuss your case in detail. Don’t hesitate to get in touch with our office today, and know that you do not have to face the challenges of a workplace injury alone. The Kenmore Law Group is here to ensure you receive the entire worker’s comp benefits you deserve for any injuries you suffer while at work.
$465,000
Slip & Fall
$500,000
Premises Liability
$525,000
Head Trauma
$500,000
Back Injury
$599,000
Slip And Fall Accident
$600,000
Shoulder Injury
Understanding How California Worker’s Comp Works For Injured Employees Their Employer
First, it is vital that you understand that the California worker’s comp program is an insurance that is provided to all employees in the state and does not cost them anything. It is paid for by employers and is required insurance for all businesses that have employees. In addition, your employer cannot prevent you from using your benefits if you have been hurt while on the job, nor can they punish you for using the benefits.
The program was created to ensure that all workers have access to reliable and fast medical care if they have suffered a workplace injury. And it protects employers from being sued by an injured employee in most cases. An employee can only file a civil hit by a pallet jack while at work lawsuit against their employer if gross negligence was involved in the accident. So in most cases, worker’s comp is the perfect balance of benefits for both the employer and employee.
California Worker’s Comp Benefits
If you have been injured while on the job, you are entitled to file a claim with worker’s comp and receive any or all of the benefits listed here:
- Medical care for your injuries that total up to $1M
- Partial payment of your lost wages while you are recovering – up to 66% of your average pay
- Wage replacement if you are severely injured and cannot ever work again
- Vocational training if your injuries prevent you from returning to your specific job but you could work in another capacity
In addition, there are death benefits that are paid to the family members of a worker who suffers a fatal injury while at work. A claim must be opened with worker’s comp within 30 days of the injury event to begin receiving these benefits. If the claim is not opened in that time, you will lose your right to benefits for any injuries caused in that incident.
How To Open A Worker’s Comp Claim
Ideally, as soon as you notify your employer that you have been hurt at work, they will contact worker’s comp and open the claim on your behalf. But if they fail to open the claim, you can contact worker’s comp yourself to open it or verify that it is open. Again, it is against the law for your employer to prohibit you from using these benefits or punish you for using them. If you are having issues opening a claim with worker’s compensation, please get in touch with Kenmore Law Group for assistance from a worker’s comp lawyer.
Using Your Benefits
When you seek medical treatment or care for your workplace injuries, it is often enough to tell the care provider that you were injured at work. They will ask for information regarding your employer’s name and contact information. However, in most cases, that is all they require to bill the services rendered directly to worker’s comp.
This is a massive benefit for you, knowing that the bills will not be sent to you and that the added debt is not going to impact your credit. However, there could be some items you would need to purchase yourself and then seek reimbursement from worker’s comp, such as prescription medication or essential medical devices. Your Kenmore Law Group worker’s compensation lawyer will help you understand how to get the most from your benefits and how to process any requests for the compensation you might have during your treatment.
Why Worker’s Comp Coverage Is Essential
Many workers view a pallet jack injury as nothing serious or worrisome. However, even when the machine moves slowly, it can inflict severe damage to the human body. And without worker’s comp coverage, you could face substantial medical debt and lost wages that could create excessive financial hardships. Some of the more common injuries suffered when hit by a pallet jack while at work include:
- Facial damage to the skin, nose, eyes, ears, mouth, and teeth
- Injuries to the neck, back, and spinal cord
- Fractured or broken bones
- Joint dislocation
- Damage to soft tissue and nerves
- Internal bleeding
- Damage to internal organs
- Crushing or excessive compression injuries
- Severe lacerations or puncture wounds
- Head injuries, including a skull fracture, concussion, brain contusion or hemorrhage, or other traumatic brain injuries
- Severe skin abrasions or burns
Many of these injuries can be life-altering, and some can even be life-threatening. So it is vital for any victim who was hit by a pallet jack while at work to seek a complete medical evaluation to ensure they have no masked injuries. Remember, you always have the right to leave work to get medical care if you have been hurt on the job. And you cannot be denied the use of your worker’s comp benefits to seek medical care for a workplace injury.
Important Information To Know When Using Worker’s Compensation Benefits
Again, you are never going to be asked to pay for any worker’s compensation coverage or benefits. Employers pay for the insurance, and in most cases, they do not pay any higher premiums after an employee has filed a claim on the policy. In addition, you cannot be denied the use of the benefits, and you can contact worker’s comp directly to ensure that the claim has been opened for your injury incident.
Ensure you have verified that your claim is open within thirty days of your injury. If you do not have an open claim by that time, you lose the right to use worker’s compensation benefits for the injuries suffered in that event.
Finally, very limiting factors rarely allow an injured employee to file a civil hit by a pallet jack while at work lawsuit against their employer. Typically, there must be gross negligence involved for you to seek any added compensation beyond your worker’s comp benefits. However, the staff at Kenmore Law Group is always available to evaluate the details of your injury incident to advise you if you have grounds for a lawsuit against your employer.
The Benefits Of Working With Kenmore Law Group
The entire Kenmore Law Group staff is passionate about the law and seeing that justice is served for every injury victim. In addition, we feel an increased sense of obligation to provide our services when a worker is injured at work and being denied their right to benefits from worker’s compensation.
If you have grounds for a hit by a pallet jack while at work lawsuit, we will take your case with no upfront legal fees or expenses. We only get paid after we have completed your lawsuit and delivered the compensation you deserve for the injuries you sustained when you were hit by a pallet jack while at work. And if we fail to win your case, you owe us nothing.
Please get in touch with Kenmore Law Group to discuss the details of your workplace injury accident and how you can move forward using your worker’s comp benefits or filing a hit by a pallet jack while at work lawsuit. The consultation is free, and our experts are available 24/7 to ensure you understand how to use these vital benefits.