Injured By Falling Lumber Lawsuit Or Worker’s Comp Claim?
Sadly, most people spend very little time looking at the objects over their heads. They think in only two dimensions and fail to consider items like lumber that could fall on them when they are in a hardware store, in a lumber yard, or even at work on a construction site. They are taken entirely by surprise when they are struck from above by falling lumber. However, the one fact that is likely to be true in all incidents of falling lumber is that the victim will suffer injuries.
In most cases, the victim knows that they could be able to sue the owner of the lumber yard, store, or other business where they were hurt by falling lumber. However, there can be more questions surrounding a falling lumber injury incident when the victim is at work on a construction site. In these cases, the victim and their loved ones need to know if they can file a lawsuit to cover the medical expenses and losses or if worker’s compensation is the solution for their medical expenses and lost income.
The team at Kenmore Law Group can be reached 24/7 to help you and your loved ones understand the answer to this question and what action you will need to take to get the benefits or compensation that is owed to you for the harm suffered due to falling lumber injuries. In addition to answering your general questions, the office staff will help you book a free consultation at your earliest convenience to discuss the incident in-depth with a seasoned falling lumber lawyer to determine the best course of action for you and your family. Please make time today to contact our staff to learn more, as there are time limits to file a claim with worker’s compensation or to pursue a lawsuit.
$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
When Does Worker’s Comp Apply?
If you are hurt by falling lumber while on the job, you will likely be required to file a worker’s compensation claim to receive coverage for your medical expenses and lost income. Worker’s comp is provided to all workers by their employer, and the company’s participation in this program is required by law. The business pays for the plan, and they are not permitted to charge employees for the coverage or if they open a claim to receive benefits.
The benefit worker’s compensation provides to business owners is that they are protected from additional lawsuits from workers who are hurt while working at their regular jobs. The program prevents lawsuits from being filed by injured workers to secure added compensation above the amount paid to them from workers’ compensation. Only in very rare cases that involve gross negligence is a worker who was hurt while on the job permitted to file a lawsuit against their employer for harm caused by their injuries at work. To learn more about gross negligence and if it could have been a factor in your workplace falling lumber injury incident, please get in touch with Kenmore Law Group.
What Are The Benefits Offered By California Worker’s Compensation?
Workers in the state of California are fortunate to be covered by one of the most robust worker’s comp programs in the country. The coverage is extended to all workers who are taking part in activities that are considered a part of their regular job, and their employer is not permitted to prevent them from using the benefits or punish them if they do open a workers comp claim to receive any or all of these benefits:
- The medical care coverage for worker’s compensation will pay up to $1M in expenses for your hospital stay, doctor’s bills, the cost of essential medical devices or prescriptions, surgical fees, rehabilitation, therapy, and follow-up care for your workplace injuries
- If the worker is not able to return to work immediately, they can receive up to 66% of their average weekly earnings in compensation
- In cases that involve long-term disability or partial temporary disability of the worker, there are payment plans to provide disability payments for an extended time
- If the injured worker will never be capable of returning to their current job, vocational training is offered to help the victim secure a new career after they have completely recovered from their injuries
The worker’s compensation program aims to protect both workers and employers from the cost of medical care and the challenges of lawsuits and lost wages after a workplace accident. While accidents are a fact of life, they should not be the reason for financial challenges and stress, the failure of a business, or lifelong debt for a worker who suffered a simple misfortune. Workers compensation is a program that eliminates these concerns and allows everyone to work with peace of mind for a bountiful future.
Guidelines When Using Worker’s Compensation
Workers should know that when they suffer an injury at work, they should contact their boss or employer as soon as possible. Of course, if they are severely injured, medical care should always be the priority. But then contact your workplace or ask someone to contact them for you. Once the employer is notified of a worker’s injury, they should contact workers’ compensation to report the incident. However, not all employers follow this guideline. So, all injured workers should verify that a claim has been opened for their injury incident. In most cases, workers have only 30 days from the date of their injuries to open a claim, or they forfeit their benefits from the program.
After the claim is opened, the worker will generally have one year to complete the claim for coverage of their medical expenses and lost income. The only exceptions that allow the claim to extend in excess of a year are:
- If you are a federal employee working in California, you are covered under the federal worker’s comp program that allows three years to complete the claim process
- If the injuries you sustain are due to cumulative damage like exposure to loud noise or repetitive motion, you have one year from the date of the first time you missed work because of the injuries or from the date a medical professional diagnoses the injuries
- If the injuries sustained are severe and result in the victim being in a coma or other harm that requires long-term care that is over a year
- If the victim contracts an illness that is considered contagious and is placed in quarantine
To get reliable and fast answers to any questions about your worker’s compensation benefits and how to claim them, please reach out to Kenmore Law Group today. Our expert falling lumber injury lawyers are here to help you process your claim and determine if gross negligence could allow you to seek added compensation via a falling lumber injury lawsuit.
How Long Do I Have To File A Falling Lumber Injury Lawsuit
If your Kenmore Law Group falling lumber injury lawyers determine that gross negligence was a factor in the harm you sustained, you will have the opportunity to seek added compensation from your employer. In these cases, you typically have two years from the date of the injury incident to file your claim with the court. The time limit is strictly enforced, and very few exceptions provide more time to file a lawsuit if you fail to file the case within two years, in which case you lose the right to seek compensation via a lawsuit.
Please make time at your earliest convenience to reach out to Kenmore Law Group to learn more about the time needed to prepare and file a falling lumber injury lawsuit that could allow you to secure added compensation for your lost income and other expenses. Our dedicated staff can be reached 24/7 to help you understand how to get the complete compensation that is owed to you.
No Stressful Upfront Legal Fees Or Expenses
After suffering injuries due to falling lumber, you are sure to have many concerns about your health, recovery, and how you will survive financially until you can get back to earning a living. The staff at Kenmore Law Group understands that law firms that charge upfront legal fees are only creating another obstacle that could prevent an injury victim from getting the justice and compensation they deserve. Please know that our firm is dedicated to delivering justice for all. We never ask for any upfront payments.
Instead, we only get paid after our client’s case is completed and they have the compensation needed to cover their legal costs and other expenses. In addition, clients owe us nothing if our falling lumber injury lawyer fails to win their case and get them the compensation needed to cover their legal fees. This is our pledge to every client who entrusts their legal matter and future to the caring staff at Kenmore Law Group.
As a contributing member of society, you should never be filled with fear or worry about becoming the victim of a falling lumber injury while at work and the debt that it would create. Thanks to the California worker’s compensation program and the team at Kenmore Law Group, should you face a workplace injury incident, you will get the help and medical care needed to overcome the challenges and hardships of your injuries and the expenses they create. Please make time today to contact our caring staff to learn more. We are here to handle all the stressful details of this legal matter so that you can focus on healing and recovery as swiftly as possible.