Workplace injuries are common, with millions of workers getting hurt on the job each year. While some minor incidents require only first aid, major injuries can result in extended medical treatment, lost income, and permanent disabilities.
If you suffer a serious injury at work, it’s important to understand your legal rights. An experienced workplace injury lawyer can be invaluable in guiding you through the complex legal process and helping secure the compensation you deserve.
This guide provides an overview of common workplace injuries, your rights as an employee, and how a knowledgeable lawyer can make a difference in your case. We’ll cover key considerations in choosing legal representation, questions to ask prospective attorneys, proving liability and fault, calculating damages, and weighing settlements vs. lawsuits.
The goal is to provide helpful information so you can make informed decisions in the aftermath of a workplace injury. With the right legal advice, you can improve your chances of obtaining a positive outcome and fair compensation so you can move forward. But first, let’s look at some of the common accidents that bring workers to a lawyer’s door.
Common Workplace Injuries
Workplace injuries can occur in any industry and affect workers across all occupations. Some of the most common types of workplace injuries include:
Slips and Falls
Slips and falls are among the leading causes of workplace injury. They frequently occur as a result of wet or slippery floors, poor lighting, cluttered walkways, uneven floor surfaces, and lack of safety rails or ropes. Workers who use ladders are also at high risk for falls. Slips and falls can result in serious injuries like broken bones, head trauma, back injuries, and sprains. Employers are required to maintain safe conditions to help prevent slip and fall accidents.
Repetitive Motion Injuries
Repetitive tasks and motions can take a toll over time leading to repetitive motion injuries like carpal tunnel syndrome and tendonitis. Prolonged typing, lifting, bending, and movements that strain the muscles, joints, and nerves are often to blame. Repetitive motion disorders can cause chronic pain, numbness, and disability. Jobs most prone to these types of injuries include manufacturing, stocking, cashiering, cleaning, typing, sewing, and assembly line work.
Machinery Accidents
Working with or around heavy machinery presents many hazards that can lead to serious crushing injuries, amputations, burns, and fatalities when proper precautions and training are not implemented. Machinery operators, as well as those working in close proximity, must remain alert and focused to avoid accidents. Strict safety protocols and equipment guards can help reduce risk. Employers are responsible for maintenance, training, and safety.
Your Rights as an Injured Employee
If you are injured on the job, you have certain rights under the law. Some key rights include:
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Workers’ Compensation: Workers’ comp provides medical treatment and wage replacement benefits for employees injured at work. It is a no-fault system, meaning you can receive benefits regardless of who was at fault for the injury. There are strict deadlines to report injuries and file claims.
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Liability Claims: If your injury was caused by negligence or misconduct by your employer, you may have a legal claim for additional compensation beyond workers’ comp. This could include damages for medical expenses, lost wages, pain and suffering, and punitive damages. The at-fault party would be liable to pay.
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Discrimination Protection: It is illegal for employers to discriminate or retaliate against employees for filing injury claims or workers’ comp claims. Protected classes under discrimination laws include disability, age, gender, race and others. If you feel you’ve been treated unfairly, you may have a discrimination claim.
It’s important to understand your rights and explore your legal options if injured at work. An experienced attorney can help advise you regarding your rights, benefits you may be entitled to, and navigating the claims process. Don’t hesitate to consult a lawyer for guidance protecting your rights.
How a Lawyer Can Help
If you have suffered an injury at work, a workplace injury lawyer can be invaluable in helping you get the compensation you deserve. Here are some of the key ways a lawyer can help:
Investigate Your Claim
A workplace injury lawyer will conduct a thorough investigation into your accident and injury. This includes gathering evidence, interviewing witnesses, requesting records, and examining the scene of the accident. The lawyer utilizes investigators, paralegals, and other resources to build the strongest case possible.
Negotiate a Settlement
Once the lawyer has established liability and calculated damages, they will negotiate with the insurance company to reach a fair settlement. This greatly improves your chances of being fully compensated. The lawyer knows how to negotiate effectively and has experience getting the highest settlements possible.
Represent You in Court
If a settlement cannot be reached through negotiation, the lawyer can take the case to court on your behalf. They will handle all aspects of litigation including filing motions, conducting discovery, submitting evidence, questioning witnesses, and making arguments before a judge and jury. This can increase the potential value of your claim. With an experienced trial lawyer, you have the best chance of succeeding in court.
The right lawyer levels the playing field and makes the process much easier for injured workers. They have the knowledge and resources to get you the maximum compensation allowed by law for your injuries and losses.
Proving Fault and Liability
In order for an employee to receive compensation for a workplace injury, they must prove that the employer was at fault and therefore liable for the injury. This is done by gathering evidence and securing testimony to demonstrate that the employer acted negligently or failed to provide a safe working environment as required by law.
Some of the key evidence that can be used to prove fault and liability includes:
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Safety records and documentation – This includes training records, safety policies and procedures, inspection reports, and any proof that safety regulations were not followed. This evidence can demonstrate negligence.
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Equipment and maintenance records – Records related to equipment involved in the incident can show improper maintenance, damage, defects, or lack of safety features. This helps prove negligence by the employer.
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Photographic and video evidence – Photos and video from the accident scene can document unsafe conditions. Security camera footage may capture the incident as it occurred.
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Witness statements – Eyewitness accounts, incident reports, and testimony from coworkers can provide critical details to show what happened and who was at fault.
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Expert testimony – Workplace safety experts, engineers, medical professionals, and other specialists can evaluate evidence and provide opinions on fault, defects, injuries caused, and adherence to regulations.
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Government/industry regulations – Workplace safety laws and regulations set the standards that employers must adhere to. Violations of these rules can be used to demonstrate employer liability.
The evidence must show that the employer failed to provide a reasonably safe workplace and meet its legal obligations, which directly resulted in the employee’s injuries. By consulting with a qualified workplace injury lawyer, employees can build the strongest case possible to prove fault and obtain compensation. Proving liability is complex, but the right evidence can make a big difference in recovering damages.
Calculating Damages
If you are pursuing compensation after a workplace injury, one of the most important parts of your case is accurately calculating your damages. Your damages represent the monetary value of the harm and losses you’ve suffered due to the injury and negligence of your employer or a third party. The main categories of damages in a workplace injury case typically include:
Medical Bills – This includes all medical expenses related to diagnosis, treatment, medication, therapy, rehabilitation, assistive devices, and any other healthcare services for your injury. Keep track of all receipts and billing statements.
Pain and Suffering – This subjective damage category compensates for the physical pain, discomfort, mental anguish, loss of enjoyment of life, etc. that you endured because of the injury. Things like the severity of the injury, length of recovery, and ongoing effects will impact the pain and suffering payout amount.
An experienced personal injury lawyer can help gather evidence, obtain expert testimony, and use legal strategies to maximize your damage award. With strong representation and a thorough understanding of damages, injury victims can recover losses to the fullest extent.
Settlements vs Lawsuits
After suffering a workplace injury, you’ll need to decide whether to pursue a settlement or file a lawsuit. There are pros and cons to each approach to consider.
Settlements
Settling your claim with the insurance company avoids a lengthy legal battle and provides a guaranteed payout. Settlements typically take less time and allow you to move on more quickly. You’ll also avoid the risk and uncertainty of a trial. However, insurance companies often make lowball offers, hoping injured workers will take the quick payout. You may receive substantially less compensation, especially if the full value of your losses and damages is unclear.
Lawsuits
Filing a lawsuit sends a message and puts pressure on the company to provide fair compensation. The trial process aims to determine the full scope of your losses. A favorable verdict awards you maximum damages. However, lawsuits take much longer, typically 1-2 years. You’ll need to participate in depositions, discovery, and trial. If you lose at trial, you may get nothing. Lawsuits also involve substantial legal fees and costs.
Ultimately, the choice depends on your specific situation. An experienced attorney can advise whether a settlement or lawsuit is the best path forward. With strong legal representation, you can maximize your recovery, whether through settlement or trial.
Choosing the Right Lawyer
Choosing the right lawyer to handle your workplace injury case is crucial. You’ll want to look for a lawyer with extensive experience in this area of law, a proven track record of results, and positive client reviews.
Experience
Make sure to choose a lawyer that specializes in workplace injury cases. An experienced lawyer will understand the complex laws and procedures surrounding these cases. They’ll know how to thoroughly investigate your claim, determine fault and liability, calculate damages, negotiate a fair settlement, and take your case to trial if needed. An experienced lawyer has likely handled cases similar to yours and achieved successful outcomes.
Results
Beyond experience, you’ll want to choose a lawyer that gets results. Look for past case results and settlements/verdicts obtained by the lawyer. A lawyer that regularly achieves large settlements and verdicts for clients indicates ability to successfully prove and argue cases. Settlement mills that take quick, low settlements may not get you the best outcome. Dig into the lawyer’s won/loss record in settlements versus trials.
Client Reviews
Client reviews and testimonials can provide insight into a lawyer’s skills and results. Look for reviews that praise the lawyer’s legal knowledge, responsiveness, communication skills and outcomes achieved. A lawyer with many glowing client reviews has likely satisfied past clients. However, beware reviews that seem overly sales focused. Authentic reviews mention specifics about the lawyer and case details.
Choosing the right workplace injury lawyer takes research – but it’s worth it. The right lawyer maximizes your chances of a successful claim and fair compensation.
Questions To Ask a Lawyer
When meeting with a potential workplace injury lawyer, you’ll want to ask questions to determine if they are the right fit for your case. Here are some key questions to ask:
Experience
- How long have you been practicing workplace injury law specifically? Look for at least 5-10 years of specialization.
- How many workplace injury cases have you handled in your career? The more experience the better.
- What is your track record of wins and settlements with cases similar to mine? Ask for percentages and amounts if possible.
Strategy
- How would you approach building and arguing my case? Listen for a detailed strategy.
- If my employer denies fault, how will you continue gathering evidence and making the case? Make sure they have a proactive plan.
- Should my case go to trial, how much trial experience do you have? Ask how many trials they’ve done in their career.
Pricing
- How do you charge for your services? Find out if it’s hourly, contingency fees, flat fees, or other models.
- What would your total fees likely be for a case like mine if it goes to settlement or trial? Get an estimate upfront.
- What costs will I be responsible for beyond your legal fees? Know what expenses you may owe.
Results
- Can you share examples of recent case results and settlements? Look for similar cases with good outcomes.
- If we go to trial, what settlement value or damages amount would you target? Ask about possible compensation.
Takeaways
- If you are injured at work, you have important rights under the law. Don’t hesitate to seek out an experienced lawyer who can advise you on the best path forward.
- Document everything related to your injury, including witnesses, medical treatment, missed work, and expenses. This creates a paper trail that can help prove liability.
- You need an objective professional on your side to ensure you receive full and fair compensation.
- The right lawyer for your case will have specific expertise in workplace injury claims, not just general personal injury. Look for success stories and ask about their strategy.
- Don’t wait to get legal help if you have suffered a workplace accident. The sooner you act, the better the outcome is likely to be. Call a knowledgeable lawyer for a free consultation.
