What Are Day Laborers?
Los Angeles California is home to one of the largest day laborer populations in the nation. As a result there are numerous instances where day laborers are injured while performing their tasks. Often time such injuries go without compensation leaving the injured party to face serious medical bills and long term pain and suffering without proper remedies. Day laborers are often intimidated by their employer with threats of deportation or feel that the legal system will not apply to remedy there harm, however such contentions are not accurate. When a day laborer is harmed while performing his tasks the employer or homeowner will be liable and can face liability. A day laborer is defined as a person who is employed to perform a series or specific task for a limited period of time on a day-to-day basis. Often time’s day laborers are not paid a fair wage and are mistreated or subjected to hazardous working conditions without proper recovery.
Hazardous conditions int the workplace can include:
- asbestos exposure
- Toxic Mold Exposure;
- Lead Poisoning;
- Dilapidated Buildings or Structures.
Day laborers fail to take proper legal measures to protect and enforce their rights for fear of the legal system or due to language barriers. However, they should act immediately in order to avoid losing their claim.
The Ultimate Guide to Workplace Injuries
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Types of Day Labor Unsafe work environment Injuries
There are broad ranges of injuries which can be suffered and many depend on the scope of work and what types of safety conditions were provided. Common lists of injuries include:
- Death, resulting from operating heavy machinery or unsafe conditions;
- Toxic exposure to harmful chemicals;
- Traumatic brain injury from brain trauma suffered during onsite work;
- Loss of limbs;
- Permanent loss of sight or hearing; or
- Broken bones including back injuries.
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Such injuries can have devastating impacts on your ability to gain future employment and diminish a person’s quality of life. Living with the devastation of losing a loved one or the loss of a limb or permanent injury can be traumatic. While legal representation may not always be the proper method it is recommended that the advice of an attorney can be sought. Many times families are left with staggering medical bills and forced to care for the injured party with little or no help from homeowners insurance or the employer. If you or a loved one have been injured as a result of such incidents then contact Downtown LA Law’s Los Angeles personal injury attorneys for day laborers for a free evaluation of your case. Your call is absolutely free and you can be transferred to an attorney.
Liability and Recovery for Injured Day Laborers
Under vicarious liability theory an employer will be liable for the harm suffered to his employee or to others at the hand of his employee so long as it was within the reasonable course of business. A employer such as a homeowner, church, construction company or other party who employs a day laborer can be liable for injuries they suffer. Recent court cases have found employer liable for the death of a day laborer in a tree trimming accident and liability was found when a homeowner failed to provide proper working conditions. Day laborers can recover when their injuries are a result of employment and their case is particularly strengthened when the work environment was unsafe.
What is the Statute of Limitation for Workplace injuries: How Long Do I Have To Recover
Recovery is subject to the type of injury. Generally the statute of limitations can be as little as 6 months and can be extended depending on the type of injury. It is important that someone with experience be consulted in order to help with your recovery. Our approach is aggressive and direct; we contact the homeowner’s insurance carrier and immediately being representation. We will fight for your rights! If you have been injured contact our day labor attorneys of Los Angeles for a free evaluation of your case.
Our Attorneys can help
We know the frustration involved with dealing with such cases and understand that day laborers are often times taken advantage of and subjected to the worst working conditions and treatment without proper care. Our firm knows that when a day laborer is injured the homeowner will attempt to reduce or limit their liability and many times the injured party ends up settling for a fraction of the injuries actually suffered. We recommend that any party injured during a day laborer accident contact our offices so we can help with their claim. We can be reached at (888) 649-7166, call today for a free evaluation.