Orange County, the Inland Empire, and Southern California
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Metalworking and machine shops can be hazardous places to work. There is a risk of injury involving fires, disfigurement, amputations, machine failures, crushing, and toxic spills. Sometimes employers do not make sure that appropriate safety rules are implemented at metal fabrication plants. Injuries can result in long-term disabilities or even fatalities. If you sustained work-related injuries as a result of a machine tool accident or fabrication machine injury, you should talk to the Riverside and San Bernardino County work injury lawyers at the Law Office of Joseph Richards, P.C. about your situation.
Working in machine shops or metal fabrication shops can trigger serious injuries. Injuries commonly arise in connection with repetitive motions, cumulative trauma, and improper lifting techniques. Sometimes workers are exposed to prolonged vibrations or toxic materials like carbon monoxide or shrapnel. The tools used in these shops — tools like grinders and sanders — can cause traumatic injuries. Sometimes safety guards or barriers are improperly placed on machines. And even when protective gear is worn, toxic substances or lack of ventilation can lead to long-term harm, even though symptoms may not be immediately obvious. Musculoskeletal injuries are common.
You may be able to make a workers’ compensation claim for benefits if you are injured or made sick on the job in a machine shop.
The type and amount of benefits that you can obtain for machine tool or fabrication machine accidents depend on the severity of your work-related injury. In California, these benefits can include medical care, temporary and permanent disability benefits, and supplemental job displacement benefits. For example, if your arm is crushed by a machine, such that you can no longer use it, you may require emergency medical care and doctor’s visits, and you may no longer be able to work at your job, such that you will need disability benefits.
Your treating doctor will direct the medical care that you receive for the injuries caused by the machine accident, which will need to go through a utilization review. You are entitled to have your mileage for medical visits reimbursed. Our attorneys can ensure that you pursue all the appropriate reimbursement.
Disability benefits can be temporary or permanent. They serve as partial wage replacement. Temporary disability benefits are paid at a rate of two-thirds of your average weekly wage. To get these benefits, the doctor will need to say that you cannot work because of the injury.
Permanent disability awards are based on your permanent loss of function, as represented by a percentage. They are usually paid on a weekly basis. If you are not 100% disabled, you may be considered partially disabled. This means that you may not get weekly payments at the same rate as you did with a temporary disability for the remainder of your life. However, there is a ceiling for the amount, and this can be lower than what is calculated.
If you cannot go back to work after your condition has stabilized and has become permanent, you may get supplemental job displacement benefits. For example, if you are paralyzed due to a fabrication machine accident, but you are still capable of doing an office job but need further education, these benefits can help. The benefits are $6,000 in the form of a voucher, which can be used for retraining or tuition.
Machine tool accidents can result in fatalities. In California, the decedent’s family can get death benefits. Relatives who were completely or partially dependent on the decedent are potentially eligible. Spouses earning less than $30,000 and minor children are automatically considered total dependents. Death benefits include reasonable burial expenses.
If you suffered a machine tool accident or fabrication machine injury in Riverside or San Bernardino County, you should consult the workers’ compensation attorneys at the Law Office of Joseph Richards, P.C. We assist injured employees throughout Southern California. Call us at (888) 883-6588 or complete our online form.