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If you or a loved one has been injured in an industrial accident, contact us for experienced and expert legal representation.
With over 57 years of experience, we know how to navigate the complexities and hold the responsible parties accountable. We have strong relationships with medical groups, safety experts, and insurance agents to ensure your case is handled with expertise.
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Although dangerous and life-threatening injuries are possible in any line of work, certain industries are inherently more dangerous for workers. Typically large industries such as manufacturing and construction involving heavy machinery operation are at greater risk for industrial accident. The following list comprises data-backed names of industries with the highest reported fatality rates:
Agriculture
Construction
Other services
Manufacturing
Public administration
Leisure & hospitality
Professional and business service
Wholesale &
Retail Trade
Transportation
and utilities
Education and
Health Services
With Our Skin In The Game For Decades, Our Industrial Lawyers Know Why Accidents Happen
At The Law Office of Joseph Pluta, we assist injured workers in recovering after all industrial accidents and injuries they may have been through due to their employer or third-party negligence. We help victims of all kinds of industrial incidents, including but not limited to poor safety protocols or outright violations put in place by superintendents, contractors, or the employers themselves. Some of the common causes of industrial accidents include:
Have You Or Your Loved One Suffered Any of These Industrial Accidents in Bakersfield?
On-the-job industrial accidents have the potential to kill or leave their victims with a disability; others may experience chronic lifetime pain, spinal or cranial damage, and numerous fractures. Such catastrophic injuries take away your quality of life and may also take away your job.
Should you qualify for workers' compensation in Bakersfield, you can be eligible for several benefits, such as:
To cover all necessary medical expenses associated with treating the work-related injury. This may include emergency room visits, diagnostic procedures, surgery costs, and prescriptions.
For injuries arising from repetitive physical trauma, one-off medical treatment costs may be insufficient. Thus, workers' compensation may be needed for ongoing therapy and treatment procedures.
Temporary Disability: If you have lost wages due to an injury or can partially work at lower wages while recovering, you qualify for this disability benefit.
Permanent Disability: If your injury causes permanent disability, you are eligible for permanent disability benefits. In order to qualify, your primary treating physician (PTP) or your qualified medical examiner (QME) must write a report which says your injury caused your impairment.
Payment typically starts within 14 days after the Temporary Disability period ends after all medical confirmations are complete. Thus, permanent disability benefits last until the payment is made in whole or a reasonable estimate of the total payment is processed.
Workers who have sustained a prolonged injury and cannot return to their original jobs after reaching stable conditions may also receive supplemental job displacement benefits (SJDB) if they can still work in another industry or occupation. If you receive a SJDB, you may also qualify for California's Return to Work program, which is a one-time payment of $5,000. To apply for this program, or for further information visit https://www.dir.ca.gov/RTWSP/RTWSPApplication.html
If you were injured at work, you may be eligible for Workers' Compensation. In certain circumstances, you may also be eligible to file a personal injury lawsuit. Here are some key differences between the two:
| Parameter | Workers Compensation | Personal Injury |
|---|---|---|
| Purpose | A "no-fault" statute where the law considers whether an employee was injured in the course and scope of their employment. | Claim for injuries sustained due to the negligence of another person or a third party. |
| General damages (economic value associated with pain, discomfort, mental and emotional distress, inconvenience, grief, anxiety, and related injury) | Not awardable | Awardable |
| Medical Treatment | Victims have little control over their medical treatment; the employer pays for it as covered by an insurer. | Victims have greater control over choosing their medical providers, although they must pay out of their pocket or through personal insurance |
| Lost Wages | The first three consecutive days of an injured workers absence are not covered. After that, two-thirds of the lost wages are paid out under Temporary Total Disability | Added as a one-time settlement at the end of the claim and not as an ongoing payment system |
The workplace accident attorneys at the Law Office of Joseph Pluta can leverage their years of experience handling death-at-work lawsuits to ensure speedy justice for your family after your loved one's death. The following are what we offer.
Don't let the big boys dismiss or diminish the compensation you deserve for your suffering. Let us guide you through our legal process.
Case Evaluation
Our industrial accident lawyer in Bakersfield will first analyze the specifics of your case to assess the required medical and legal documentation, approaching deadlines, and the exact details of your injury. This will help our firm predict your specific case's strength, duration, and outcome.
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Filing the Claims
Filing your industrial accident claims requires careful planning, consideration of all the necessary paperwork, being mindful of deadlines, and being detailed when filling out the specific worker compensation form.
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Select a physician
After an industrial accident, getting in touch with our industrial accident attorney as soon as possible would benefit you because we can refer you to a physician whom you can trust. In Bakersfield, our lawyers can help you determine which doctor to go to for an impartial and reliable assessment of your injury or illness in compliance with workers compensation or personal injury lawsuit regulations.
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Collecting Medical Records
As the most crucial step in your industrial accident case, our industrial accident lawyer will contact your healthcare provider to collect all the necessary medical records, which will act as undeniable evidence for your claim.
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Negotiating Insurer Settlements
Once your condition has stabilized and we have all the necessary medical reports, we will attempt to negotiate a settlement on your behalf.
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Preparing for Victory!
If we are unable to settle your case, our experienced attorneys will take your case all the way to trial if necessary to ensure you get the benefits to which youre entitled.
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Find answers to frequently asked questions about our firm for workers' comp lawyers, Bakersfield.
Even with meticulous attention and the best equipment, you or your loved one can still face safety violations, product defects, employer negligence, machinery malfunctions, and contractor inattentiveness, among other dangers. These risks can lead to debilitating injuries, forever altering your career and impacting your financial stability and quality of life. Workers' compensation lawyers in Bakersfield typically charge a contingency fee, which means there's no up-front money involved. The percentage is set by the judge, and judges typically award 15% of the benefits recovered. This means we don't get paid unless you win.
Industrial Accidents can emanate from several sources, leaving you with severe injuries that may change your life for the worse. However, The Law Office of Joseph Pluta can be your helping hand in navigating the challenging legal complexities of an Industrial Accident lawsuit. Some examples of Industrial Accidents for which you can sue your employer or a third party include:
Contact The Law Office of Joseph Pluta today to learn whether you can pursue an Industrial Accident lawsuit!
At The Law Office of Joseph Pluta, we deeply understand how your Industrial Accident case matters most, especially considering the challenges you may encounter in your recovery and financial compensation journey. We believe in compassionate yet assertive legal advocacy for all injured workers to secure the compensation they are entitled to. Following these steps after an Industrial Accident can best protect your health and legal rights:
According to the law, an "Industrial Accident" is a sudden and unforeseen event attributable to any cause that happens to a person arising out of or during their work and results in an employment injury to that person.
An employment injury is an injury or disease arising out of or during an Industrial Accident or an occupational disease, including a recurrence, relapse, or aggravation. An accident arising out of the course of work is directly related to the execution of the work for which you are being paid.
An accident that arises in the course of work is an accident that, without necessarily being directly caused by work, resulted from an action related to your work. This action was more or less essential to the performance of this work. The "in the course of work" refers to an accident that occurred while you were engaged in an activity related to your job, even if this action was not optional.
Heres the official definition of an injury straight from the OSHA website:
Injury or illness. An injury or illness is an abnormal condition or disorder. Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning. (Note: Injuries and illnesses are recordable only if they are new, work-related cases that meet one or more of the part 1904 recording criteria.)
Contact our Industrial Accident attorney at The Law Office of Joseph Pluta to get expert legal counsel on your Industrial Accident case.
Call Today For Your Free Initial Consultation At (661) 395-1031
DISCLAIMER: This website contains general information and is only intended for educational purposes. Because laws are constantly changing, the information is not guaranteed to be correct and/or current. Nothing contained on this website is intended to be a substitute for legal advice and does not constitute legal advice. Reading this website does not create, and should not be construed to create, an attorney-client relationship between the Law Office of Joseph Pluta and the reader. Nothing within this website should be considered as providing legal advice or a legal opinion. Sending an E-Mail to this website, or interacting with this website in any other way, does not create an attorney-client relationship.
