Farm Worker Injury Attorney

In the past, many workers who suffered an injury at work faced massive medical expenses and other bills when they could not work after getting hurt. Some would suffer silently while others would sue their employer for help covering the costs. These choices did not work well for the hurt worker or the employer. The State of California stepped in to create the California worker’s comp program to help both workers who are injured and their employers navigate these challenges.

The program is operated by the state and funded through the fees all employers must pay to participate in the program. This legal obligation to participate in worker’s comp ensures that all workers are covered and have this help if they get hurt while on the job. In addition, it prevents the injured worker from filing a lawsuit against their employer in most cases. So, the result is benefits that help everyone overcome an unfortunate accident that could be life-altering for many.

Sadly, injury accidents can cause very severe harm in any environment. However, it should be known that accidents occurring on a farm can be extremely hazardous due to the setting, tools, and equipment often used by the workers, as well as the often remote areas where the harm occurs. Farm workers can also suffer minor injuries that, with proper medical care, can heal very swiftly and result in little or no time lost from work. But the critical factor is getting the appropriate treatment for even minor injuries to prevent things like infection that can become life-threatening. Even more serious injuries can be less costly and challenging to recover from when the injured farm worker gets swift medical attention and proper healthcare after these potentially severe injuries:

• Fractured, broken, or shattered bones
• Compound fractures
• Partial or complete amputations
• Dislocated joints and the destruction of the soft connective tissue of the joints
• Injuries to the back, neck, and spinal cord
• Severe lacerations and puncture wounds can also cause harm to internal organs and internal bleeding
• Compression injuries or damage due to crushing weights
• Contact burns or electrical burns
• Severe electrical shock injuries
• Damage to the eyes, ears, nose, and mouth
• Head injuries that result in harm, such as a severe concussion, skull fracture, brain bleed, or other traumatic brain injuries

When you get hurt during the course of your duties as a farm worker, you can contact workers’ compensation to open a claim that will allow you to request benefits as needed to cover some of your losses and expenses created by the workplace injury incident. The typical benefits offered by the program include:

• Complete payment of all medical costs related to the workplace injuries suffered, with a total payment per incident of up to $1M
• The program will help the hurt worker cover their lost income by providing up to 66% of their regular weekly income to help with expenses like food, rent, and typical living costs
• If the workplace injuries result in short-term limitations or a reduction in earning potential, the program can provide temporary or partial disability payments to offset that loss of earning capability
• In cases of severe injuries that prevent the victim from ever returning to work at the farm or in the farming industry, the program will offer to provide free vocational training to prepare the injured victim for work in a new capacity once they are fully healed

When you get hurt while working at the farm, you have 30 days from the date of the injury incident to contact the worker’s comp program and open a claim. If you do not open the claim within the time provided by the program, you will most often lose the right to seek any benefits from worker’s comp. It is also critical you know that it is your responsibility to contact worker’s comp and confirm the injury incident was reported and that your claim has been opened, even if your employer claims to have taken this action. Once the time limit has passed, it is very hard to get the worker’s comp program to reconsider your request for help. In most cases, after the 30 day time limit has passed, all claim requests are denied.

Due to the structure of the worker’s comp program and rules when it was created, most injured farm workers are not permitted to sue their employer for workplace injuries. The protection from lawsuits filed by hurt workers is one of the primary benefits provided to employers for covering the cost of this program and enrollment for all their employees.

The only exception to this rule is when there is gross negligence on the part of the employer that caused or contributed to the employee’s injuries. In these cases, gross negligence is loosely defined as a complete lack of care or concern for the safety of workers. For example, if an employer is repeatedly told that a piece of equipment is damaged or broken and is a safety hazard to employees, they should swiftly repair or replace it. However, if the employer’s reaction is to refuse to correct the safety issues and continue to require the workers to use the unsafe tool or equipment, they are showing a lack of concern for worker safety. If a worker suffers an injury because of that known hazardous piece of equipment, they could have grounds to file a lawsuit against their employer for gross negligence. Don’t hesitate to get in touch with DTLA Law Group today to discuss the facts of your injury incident with a farm worker injury attorney if you feel gross negligence could have been a factor, or you have questions regarding a worker’s compensation claim.

When you reach out to DTLA Law Group to discuss the facts of a farm worker injury incident, please know that our firm never demands any upfront payments or expenses from a new client. Even after the free consultation, we will handle any case with legal merit and never get paid until the lawsuit is completed. This ensures that all injury victims have access to the same exceptional legal services our expert attorneys provide. Finally, if you have grounds for a lawsuit and our farm worker injury attorney fails to win the case and get you the compensation you need and deserve, you owe DTLA Law Group nothing for the time and investment made in building your lawsuit.

Please make time soon to contact the caring and helpful staff at DTLA Law Group to discuss the details of your workplace injury incident and if you have reason to consult with a DTLA Law Group farm worker injury attorney to secure any compensation that is owed to you before it is too late to take legal action or use the benefits provided to all workplace injury victims buy the California worker’s comp program.

Other Pages on Our Website Related to This Topic
Brawley Farm Worker Injury Lawyer
El Centro Farming Injury Worker’s Compensation Lawyer
Brawley Farm Worker Injury Lawyer