Personal Injury Law Center

Work Accident Lawyers

Each year millions of workers are injured, and thousands more are killed, as a result of work-related accidents and illnesses. Injured workers are generally entitled to workers’ compensation benefits regardless of who was at fault for the accident, and compensation may even be available if the accident was sustained outside of the workplace as long as the employee was engaged in work-related activities.

The laws, procedures, and compensation available for workplace accidents vary from state to state so it is important to contact a work accident lawyer to learn more about the work injury laws in your jurisdiction.

 

Workers’ Compensation for Work-Related Accidents, Injuries, and Illnesses

In most cases, workers who suffer a work-related accident, injury, or illness are entitled to workers’ compensation benefits. Workers’ compensation laws generally cover all work-related accidents, regardless of who was at fault for the accident, injury, or illness. In other words, even if the employee was partially responsible for the injury, he or she may still be able to receive money in a workers’ compensation settlement.

Moreover, worker’s compensation benefits are available for all work-related and on-the-job accidents whether they happen in the workplace or not. For instance, if a food delivery driver is injured in a motor vehicle accident while delivering food, he or she is eligible for workers’ compensation benefits even though the injury didn’t happen in the restaurant. Similarly, if an employee is injured in a slip and fall accident on the way to a client meeting, he or she may also be entitled to workers’ compensation benefits.

There are a few exceptions to workers’ compensation eligibility, however. For instance, most states do not provide workers’ compensation benefits for self-inflicted injuries, or those injuries sustained during the commission of a crime or activities that violate company policy.

 

Workers’ Compensation Settlements

Although the specific workers’ compensation benefits available vary from state to state, in general, injured workers are eligible for a workers’ compensation settlement that includes:

• Medical and rehabilitative expenses
• Temporary total disability benefits equal to a portion of the employee’s average gross weekly wage if the employee is unable to work while recovering
• Temporary partial permanent disability benefits equal to a portion of the difference between the average amount the worker would be able to earn in his or her pre-injury job and the net amount he or she earns in a light-duty job while recovering
• Permanent total disability benefits if there is a loss of use of a part of the body
• Job retraining

Because the specific workers’ compensation benefits and amount of work injury compensation available vary from state to state, it is important to contact a workers’ compensation attorney for more information.

 

What to Do If Injured in a Work Accident

In order to obtain workers’ compensation benefits for a work injury, an injured worker must follow certain procedures, including:

• Obtain medical attention as soon as possible, and follow your doctor’s recommendations.
• Promptly notify your employer or supervisor of the work accident, injury, or illness. Many states require that the injured worker provide notice within a certain period of time so it is important to not delay. A workers’ compensation attorney can help ensure that you provide timely and proper notice.
• Submit to a medical exam with an independent medical examiner chosen by your employer or its insurance company.
• If your employer or its insurance company denies or reduces the amount of your workers’ compensation settlement, you can file a claim with the workers’ compensation commission in your state.
• Consult with a knowledgeable work injury lawyer. Not only can a workplace injury lawyer advise you of your legal rights and options, but he or she can help with the workers’ compensation claim process, as well as any other legal claims that you might have. If you do not get a full and fair workers’ compensation settlement, a work injury attorney can fight to get you the compensation and benefits to which you are entitled.

 

Can I File a Personal Injury Lawsuit after a Workplace Accident?

Although injured workers are generally prohibited from filing a personal injury lawsuit against their employer, in some situations, an injured worker may have a third-party claim for a work-related accident. For instance, if an employee is injured while driving to a client meeting, he or she may have a third-party claim against the negligent motorist. Or if a factory worker is injured by defective machinery, he or she may have a product liability claim against the machinery manufacturer.

Although personal injury laws vary from state to state, generally, in order to pursue a third-party personal injury claim, the injured worker must show that the defendant is liable by proving the following:

• The defendant owed the plaintiff a duty of care;
• The defendant did not comply with his or her duty of care;
• The plaintiff suffered injuries as a result of the defendant’s actions or inaction; and
• The defendant’s failure to comply with his or her duty of care was the proximate cause of the plaintiff’s injuries.

Like all personal injury claims, work accident lawsuits are subject to statutes of limitation, or time limits, on when the claim can be filed so it is important to contact a accident and injury lawyer as soon as possible in order to ensure a timely filing of the claim.

Unlike workers’ compensation benefits, which are limited to a percentage of the injured workers’ pre-injury wages, personal injury damages are not based on the injured party’s wages. Successful plaintiffs in a personal injury lawsuit may be able to recover the following money damages:

• Current and future medical expenses
• Current and future rehabilitation expenses
• Current and future lost wages
• Disability benefits
• Pain and suffering
• Emotional distress

In some personal injury cases, an injured party may be able to recover punitive damages to punish the defendant and deter future misconduct.

 

Common Work-Related Injuries

Work injuries and illnesses can range from mild to catastrophic and even fatal. Common work-related injuries include:

• Repetitive Stress Injuries. One of the most common repetitive stress injuries is carpal tunnel syndrome, which happens when the wrists are subjected to persistent and repetitive strain. Repetitive stress injuries can also involve muscle strains, pinched nerves, and torn ligaments.
• Back and Spinal Cord Injuries. Falls and heavy lifting can result in serious back and spinal cord injuries. Back injuries can cause long-term pain and lack of mobility, and spinal cord injuries can result in paralysis.
• Traumatic Brain Injuries. Traumatic brain injuries can be sustained in a variety of work accidents, including motor vehicle accidents, slip and falls, construction accidents, and falling objects. Not only do head injuries cause immediate pain and medical problems, but they often result in long-term medical conditions as well. In fact, almost half of those individuals who suffer non-fatal severe traumatic brain injury have a related disability one year after the injury. Traumatic brain injuries can lead to a number of short- and long-term medical conditions, including memory problems, weakness, decreased coordination, hearing and vision problems, depression, anxiety, and other mental conditions.
• Burn Injuries. Work-related burn injuries can include thermal burns, chemical burns or electrical burns and may result in significant scarring, loss of mobility, infection, and even death. Burn injury victims often require a number of surgical procedures, including skin grafts, as well as long-term rehabilitation treatment.
• Amputations and Loss of Limb. Serious work accidents, including factory accidents, construction accidents, and motor vehicle accidents, can result in a loss of limb or amputation. Amputations result in significant medical expenses, as well as a significant impact on the victim’s quality of life and ability to engage in gainful employment.
• Occupational Exposure Injuries. Depending on the job, a worker may be exposed to various occupational hazards that can cause work-related injuries or illnesses. For instance, a construction worker could be exposed to asbestos or silica, which can cause serious illnesses or a factory worker could be exposed to significant noise levels that can cause hearing damage.

 

Contact a Construction Accident Lawyer

Because there are strict time limitations on when an injured person can file a workers’ compensation claim or third-party personal injury claim, it is important to consult with a workplace accident lawyer as soon as possible. The applicable statute of limitations on filing a workers’ compensation claim or personal injury lawsuit varies from state to state, and a work accident attorney will be able to determine the applicable statute of limitations and help you file your claim in a timely manner. It is also important to contact a work injury lawyer promptly after a work accident or on-the-job injury in order to preserve the necessary evidence to support your workers’ compensation claim or personal injury lawsuit.