WORKERS’ COMPENSATION

Moreno Valley Factory and Manufacturing Accident Lawyer

With more than 30 years of experience, our accomplished attorneys are here to guide you through these difficult times and get the compensation you deserve.

Moreno Valley Factory and Manufacturing Accident Attorney

Certain jobs inherently come with risks, some more than others. When it comes to factory and manufacturing jobs, employees should be prepared for any eventuality and take extra precautions to avoid terrible accidents. Regrettably, no matter how prepared you might be, accidents can happen regardless, particularly in a job as dangerous as working in a factory. If you were in an accident, a Moreno Valley factory and manufacturing accident lawyer can help.

At English Lloyd & Armenta, we help employees get compensated for work injuries. We know what to expect during negotiations and in a courtroom if it comes to that. Our dedicated team of injury attorneys can prepare you for your case, help you gather evidence that supports your claim, and ensure no one takes advantage of you during this trying time. If you were injured in the workplace, you may be entitled to workers’ compensation above all else.

Employers’ Responsibility in Workers’ Comp Claims

A workplace accident in a factory or manufacturing job can be far more severe than a workplace accident in many other fields. The dangerous machinery, unpredictable equipment failures, and the greater capacity for injury are all working against employees constantly. In California, workers’ rights are heavily protected by comprehensive labor laws that favor the employee.

In the event of a workplace accident, it’s the employer who has a great deal of responsibility:

Reporting the Injury: First and foremost, the employer is legally required to report the injury to their workers’ compensation insurance carrier. They have to submit the proper form soon after learning about the accident and receiving the employee’s completed form.
Provide Medical Care: In the event of a workplace accident, employers must provide medical care for any work-related injuries, including those from factory and manufacturing accidents. The injured employee has the right to choose their own primary care physician.
Investigate the Incident: Employers should investigate the accident and determine what caused it. From there, they can take the proper precautions to ensure a similar accident doesn’t happen. They may want to look into their safety measures thus far and make the necessary changes to make the workplace safer.
Safe Return: Upon your return to the workplace, your employer is required to provide you with reasonable accommodations for your work restrictions, such as modified equipment or lesser duties, at least until you are fit to resume your previous job.

Personal Injury Statute of Limitations

If you are injured in a factory or manufacturing accident and are not able to seek workers’ compensation, you may be able to pursue legal action through a personal injury claim. If you decide to do this, you need to be aware of California’s statute of limitations for personal injury claims, which can include factory and manufacturing accident cases. Generally, you have two years to build a strong case and file a claim for compensatory damages.

If you are not able to file a claim within the two-year timeframe, you may have to accept that your case will end there. Your claim will be dismissed, and you will lose the opportunity to seek damages. Building a substantive accident case can take a lot of time, so you should start crafting your case as soon as possible. If you are worried your case isn’t strong enough, bring it to an injury lawyer for an evaluation.

FAQs

What Are OSHA’s Accident Reporting Requirements?

The Occupational Safety and Health Administration (OSHA) requires that any work-related accidents be reported with specific details and in a timely manner. An employer’s report to OSHA must contain the date and time of the accident, the employer’s contact information, the name and job title of the person reporting the accident, the address of the job site, and a person to contact at the job site. Any work-related fatality must be reported within hours of the incident.

Can I Lose My Job Due to an Injury in California?

While it is technically illegal for an employer to fire their employee for getting injured at work or for filing a workers’ comp claim, California remains an at-will employment state. Your employer does not need cause to let you go so long as they don’t violate state or federal labor laws. So, while you legally cannot lose your job for getting injured, your employer can let you go for other, unrelated reasons.

What Incidents Need to Be Reported to CalOSHA Within 24 Hours?

Certain work-related incidents need to be reported to the California Occupational Safety and Health Administration (Cal-OSHA) within 24 hours. These incidents include any work-related fatalities, hospitalizations, amputations, loss of vision, or additional serious injuries. Requirements may vary depending on the industry. For more information on Cal-OSHA’s report requirements, contact a lawyer.

What Should Employers Do When Factory Workers Are Injured on the Job?

When a factory worker is injured on the job, employers should act fast to contain the scene and get the injured employee the medical help they need. Employers should provide immediate medical assistance, call for help if needed, write up a report to OSHA, assist with filing a workers’ comp claim, and make sure the workplace is safe to avoid similar incidents in the future.

Reach Out to a Factory and Manufacturing Accident Lawyer Today

Getting injured at work can lead to many problems for you, especially if you are injured in a particularly dangerous field of work like a factory or manufacturing job. Depending on what happened, you may be dealing with severe, life-threatening injuries, and recovery might take a long time. You may want someone in your corner to help you get the compensation that you deserve.

The legal team at English Lloyd & Armenta knows the most effective ways to help you move forward and succeed with your case. We can help you file your workers’ comp claim, advocate for you in court if needed, and make sure your rights and interests are protected. Contact us to speak to a valued team member about how we can help your case.