Medical bills resulting from a landscaping or groundskeeping injury can be incredibly stressful, especially if you have no way of paying them due to being out of work. Fortunately, workers’ compensation is available for California landscaping employees who are experiencing this situation. Call James Koh at 213-232-2725 and we’ll help you file a claim today.
From the daily use of heavy-duty equipment such as mowers and trimmers to their constant exposure to extreme temperatures and pesticides, it’s easy to see why thousands of landscapers are forced to file for workers’ compensation every year. Injuries such as lacerations, amputations, brain injuries, or even diseases such as legionnaires disease or certain types of cancers are common in this line of work due to exposure to toxins in the soil or pesticides.
Unfortunately, many would-be claimants often decide to ignore their symptoms and return to work, excluding themselves from the benefits they deserve and have a right to. This can be due to intimidation by their employer, societal pressures, or simply being unsure of what types of benefits are available or if they even qualify.
To set the record straight, we’ve outlined exactly what types of job injuries can occur as a landscaper and which are eligible for workers’ compensation. Our firm will also outline all of the necessary steps you’ll need to take in order to file a worker’s compensation claim. If you have any questions about the information below, give James Koh a call at 213-232-2725 for a free consultation.
Most Common Landscaper Injuries
According to the Centers for Disease Control and Prevention, landscaping is one of the most dangerous professions you can have. Below are a few of the most common accidents and injuries that can occur on the job.
Lacerations
Landscaping workers are at risk of lacerations due to handling sharp tools such as shears, pruners, trimmers, and chainsaws. These injuries can occur when trimming branches, cutting through dense foliage, or working with sharp materials like metal edging.
Without proper protection and handling, lacerations can lead to severe bleeding, nerve damage, and even infection, posing significant risks to the worker’s health and ability to perform their duties.
Amputation
The use of heavy machinery and power tools in landscaping increases the risk of amputation for workers. Mishaps with equipment such as lawnmowers, trimmers, or wood chippers can result in traumatic injuries leading to the loss of limbs or digits.
Even with safety protocols in place, the fast-paced nature of landscaping work and the complexity of machinery operation heighten the possibility of such catastrophic accidents, highlighting the importance of stringent safety measures and proper training.
Repetitive Stress Injuries
Landscaping tasks often involve repetitive motions such as digging, raking, or pruning, which can lead to repetitive stress injuries (RSIs) over time. Conditions like carpal tunnel syndrome, tendonitis, and bursitis can develop due to the constant strain on muscles and tendons.
Without ergonomic equipment, regular breaks, and proper training in injury prevention techniques, landscapers are susceptible to chronic pain and reduced mobility, impacting both their work performance and overall well-being.
Electrocution
Landscaping workers face the risk of electrocution when working near power lines, using electrical equipment, or digging without knowledge of underground utilities. Accidental contact with live wires or faulty equipment can result in severe electrical burns, cardiac arrest, or even fatalities.
Ensuring workers are trained in electrical safety protocols, identifying potential hazards, and using insulated tools and personal protective equipment (PPE) can significantly reduce the likelihood of electrocution incidents on landscaping sites.
If a landscaper is not provided with sufficient or functioning PPE, they may not only have a workers’ comp claim, they may be able to file a personal injury claim in some cases.
Overexertion and Heat Stroke
Landscaping work often involves strenuous physical labor in outdoor environments, especially during hot weather conditions. Overexertion from lifting heavy objects, pushing equipment, or prolonged exposure to high temperatures can lead to heat-related illnesses such as heat exhaustion or heat stroke.
Without adequate hydration, rest breaks, and protective clothing, workers are vulnerable to heat-related emergencies.
Back Injuries
The manual handling of heavy objects such as bags of soil, rocks, or landscaping equipment puts workers at risk of back injuries. Improper lifting techniques, repetitive bending, and twisting motions can strain the muscles, ligaments, and discs in the back, leading to acute or chronic pain, herniated discs, or spinal injuries.
Implementing proper lifting protocols, providing mechanical assistance, and promoting regular stretching exercises can help prevent back injuries among landscaping workers.
However, these techniques are not always communicated to new workers, and, in some cases, employers may put their workers at risk by telling them to “work harder” or “work through the pain.” When this happens, a workplace injury is nearly inevitable.
Disease
Yes, even diseases are covered by workers’ comp in California. And for landscapers, they are incredibly prevalent.
Landscaping workers may be exposed to various disease vectors, including ticks, mosquitoes, and poisonous plants, increasing the risk of contracting infections or illnesses such as Lyme disease, West Nile virus, or allergic reactions.
Handling soil, compost, or chemicals without adequate protection can also expose workers to pathogens or hazardous substances, potentially leading to respiratory issues, skin conditions, or systemic infections.
Employers must prioritize worker education on disease prevention strategies, provide appropriate PPE, and implement regular site inspections to minimize health risks associated with landscaping work.
Vehicle Accidents
Landscaping workers often use vehicles such as trucks, trailers, or utility vehicles to transport equipment, materials, and personnel between job sites. However, operating vehicles in congested areas, on uneven terrain, or during adverse weather conditions increase the likelihood of accidents such as collisions, rollovers, or vehicle overturns.
Lack of proper maintenance, distracted driving, or fatigue further exacerbate the risk of truck or car accidents, potentially causing severe injuries or fatalities.
Workers’ Compensation Benefits for Injured Workers in Landscaping
Like any other type of employee injured on the job, landscapers are entitled to workers’ compensation benefits so long as they are employees (not independent contractors) and were working at the time of the accident.
Here is the full list of workers’ comp benefits that the state of California offers landscapers:
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- Medical benefits: Injured workers may be entitled to receive medical treatment for their work-related injuries or illnesses. This includes doctor visits, hospital stays, surgeries, medications, and other necessary medical services.
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- Income replacement: Workers’ compensation typically provides partial wage replacement to injured employees who are unable to work due to their injuries. The amount paid is usually a percentage of the worker’s average weekly wage.
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- Vocational rehabilitation: In some cases, injured landscape workers may require vocational rehabilitation services to help them return to work or transition to a new job if they are unable to perform their previous duties.
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- Temporary or permanent disability benefits: If the injury results in a temporary or permanent impairment, workers may be entitled to receive compensation for their disability, which can vary depending on the severity of the impairment and its impact on the worker’s ability to work.
If you’ve been injured in a landscaping accident, you may feel awkward about bringing it up to your employer, but remember that all employers in California are required to have workers’ compensation insurance for incidents just like yours. If at any point you have issues accessing your workers’ compensation, call James Koh at 213-232-2725. We can communicate with your employer and insurance companies on your behalf to help you pay off your medical expenses and get the treatment you deserve.
Your Rights as a Claimant
Despite what your employer or an insurance representative may have implied, all employees who have been injured while working are entitled to workers’ comp in California.
Here are some of your rights as a workers’ comp claimant:
- Right to medical treatment: You have the right to receive prompt and appropriate medical treatment for your work-related injury or illness.
- Right to file a claim: You have the right to file a workers’ compensation claim for benefits without fear of retaliation from your employer.
- Right to privacy: Your medical information should be kept confidential, and you have the right to privacy regarding your medical condition and treatment.
- Right to legal representation: You have the right to consult with a workers’ comp attorney and have legal representation throughout the workers’ compensation process, especially if your claim is disputed or denied.
- Right to appeal: If your claim is denied or if you disagree with any decisions made regarding your benefits, you have the right to appeal the decision and seek a fair resolution through the workers’ compensation system.
If at any point you’ve been made to feel intimidated or neglected in the process of filing a workers’ compensation claim, we encourage you to give us a call. Our compassionate and qualified workers’ compensation law firm team can amplify your voice when you’ve been ignored.
Steps to Filing a California Workers’ Compensation Claim
Getting injured at work is often a stressful experience, and you may be wondering where to start. Take a look below to learn how to submit your landscape workers’ compensation claim. If you have any questions, we’re only a phone call away!
Seek Immediate Medical Attention
Seeking medical attention may seem like the obvious first step in a workplace injury, but deciding whether or not to do so isn’t always apparent when injuries happen.
The best rule of thumb is if there’s any pain whatsoever, see a doctor. You may think that your injuries aren’t that serious at first, but several days or even weeks later, you may find yourself in excruciating pain.
Many injuries such as brain injuries or back injuries don’t show any symptoms until it’s too late. See a doctor or go to the emergency room and tell them you were hurt at work.
Report Your Injuries
Once you’ve seen a medical professional about your injuries, the next step is to report your accident to your employer (after speaking with an attorney).
This is also very time-sensitive. The longer you wait to tell your employer, the longer you may have to wait to receive benefits. And there is a time limit for filing your claim.
Eventually, you or your workers’ compensation lawyer will be required to communicate with an insurance adjuster. If you delay your treatment or in reporting your injuries, your claim may be denied. Tell your employer about your injuries as soon as you are able to do so after speaking with your lawyer.
Fill Out and Submit Your Claim Form
Once you’ve communicated your injury, your employer may give you a form to fill out and submit to the California Division of Workers’ Compensation (DWC). However, that doesn’t always happen.
If your employer has not given you a form within a few days, speak with an attorney. They may advise you to contact the DWC or fill out the form yourself online. Our firm would be more than happy to help you with filling out and submitting any paperwork you’ll need to complete.
Speak with a Landscaper Workers’ Compensation Attorney
Possibly the most important step in the workers’ compensation process (after getting medical help) is getting legal help.
As many landscapers who have had to file claims will tell you, workers’ compensation cases can often bring out the worst in an otherwise amicable employer-employee relationship. Your employer may try to minimize your injuries or claim that they don’t qualify for benefits. If this happens, you may need to take additional steps to ensure you are treated fairly. A qualified lawyer can help with that.
In addition to employer-employee tension, many of our clients have expressed frustration when it comes to communicating with their employer’s insurance companies. It’s not uncommon for insurance adjusters in worker’s comp cases to try and lead claimants to contradict or incriminate themselves in order to get their claim denied.
In both situations, a worker’s compensation lawyer can communicate on your behalf among many other services such as filing paperwork or representing you in an appeal. Don’t spend time and energy trying to be heard when you need to be healing and receiving treatment for your injuries. Call James Koh at 213-232-2725 today for a free consultation.
Contact Us
If you or a loved one have been injured in an accident, whether at work or elsewhere, contact us to handle your personal injury and workers’ compensation claims.