Understanding Workplace Injury and How to Get Fair Compensation

February 12, 2024

Understanding Workplace Injury and How to Get Fair Compensation

There’s always a risk of getting injured in the workplace. If you’re an employee, you face several possible dangers, like equipment malfunction, slip-and-fall accidents, falling objects, and others that could cause serious injuries. Also, if you’re working in high-risk fields like construction and manufacturing, the risk of getting injured is significantly higher.

According to OSHA or Occupational Safety and Health Administration, there were 2.8 million injury and illness cases in 2022. The construction sector has the highest number of preventable fatal injuries, followed by warehousing and transportation. Meanwhile, workers in agriculture, fishing and hunting, mining, and forestry have the highest fatality rates.

You can seek damages if you get injured while working in these fields or any standard work setting. You just need to understand your legal options and what steps you can take. This article will provide tips and guides on navigating workplace injury and seeking fair compensation.

Key Takeaways on Workplace Injury and Compensation

  1. Workplace Injury Risks: Workplace injuries are common, with risks varying from equipment malfunction to slip-and-fall accidents. High-risk fields like construction and manufacturing pose a greater threat. In 2022, OSHA reported 2.8 million injury and illness cases, with construction having the highest number of preventable fatal injuries.
  2. Immediate Actions After Injury: If injured, notify your supervisor promptly. Failure to report within the mandated time frame may affect your compensation claim. Employers are responsible for ensuring you receive necessary medical attention. They will notify their insurance and file a claim with the state worker's compensation board.
  3. Worker's Compensation Benefits: Depending on injury severity, worker's compensation benefits cover lost wages, medical expenses, and rehabilitation. Temporary total disability benefits provide compensation until you can resume work, while permanent total disability benefits apply if you cannot return. Families receive death benefits in case of fatalities.
  4. Know Your Rights: While worker's compensation covers most aspects, it doesn't include personal injuries and punitive damages. You have the right to file for additional damages in a civil court if the employer or a third party is at fault. Seek non-economic damages for emotional and physical distress. Consult with a lawyer to navigate complexities.
  5. Navigating the Claims Process: Insurance companies often try to minimise payouts, so consult with a lawyer to navigate the worker's compensation process. A reliable lawyer can help with paperwork, advise at all stages, and ensure fair compensation. Negotiate a higher payout and explore potential employment law claims.
  6. Procedures for Workers Compensation Claim: Follow appropriate procedures for a worker's compensation claim. File paperwork and notify relevant parties within deadlines. The process involves an investigation, analysis of worker's compensation coverage, claim filing, negotiation, and potential trial if unresolved.
  7. Evidence Gathering: In case of a trial, gather evidence, including photos, videos, witness statements, and all relevant receipts and medical records. These elements strengthen your case and contribute to a fair resolution.
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Understanding Workplace Injury and What to Do Next

Slip-and-fall accidents are among the most common occupational hazards that result in injuries like broken bones, traumatic brain injuries, spinal cord injuries, and even death. Some of the common causes of such injuries are carelessness, defective equipment, and unsafe work conditions. Repetitive motion resulting in tendonitis, bursitis, and carpal tunnel are also among the most common reported injuries.

The Bureau of Labor Statistics records that slips and falls are not compensable unless there is a hazardous condition during the fall. On the other hand, injuries caused by a vehicle accident are compensable, provided the employee was engaged in work-related activities during the accident.

So, what should you do if you’ve been injured? First, you must notify your immediate supervisor about the incident. Depending on your state, your compensation claim can be forfeited if you fail to report the injury within the mandated time frame. After you report the injury, your employer is required to ensure that you get the medical attention you need. The employer will then notify their insurance and file a claim with the state worker’s compensation board.

Benefits You Are Entitled to If You Get Injured at Work

Depending on the severity of your injury, you are entitled to worker’s compensation benefits. The coverage includes lost wages and medical expenses. Generally, employees are entitled to receive two-thirds of their weekly salary. The compensation also covers all medical costs for diagnosing and treating the injury. These include prescriptions, surgeries, medical equipment, and doctor appointments.

You are also entitled to rehabilitation benefits if you are unable to return to your job. For temporary total disability, you will receive compensation until you can resume work. Temporary partial disability benefits are awarded to employees who cannot hold the same level of employment but can still perform light jobs.

For permanent total disability, employees are awarded the corresponding benefits if they are unable to return to work. In addition, you can also receive disability payments from the SSA (Social Security Administration). For complete or partial loss of a body part that impacts your ability to work, you can receive permanent partial disability benefits. Lastly, in case of fatalities, the family of the employee will receive death benefits as compensation for the loss of financial support.

Know Your Rights

Since the worker’s compensation program does not include coverage for personal injuries and punitive damages, you need to understand your rights. As such, it is within your legal rights to file for additional damages in a civil court. Since workplace injuries can also cause emotional and physical distress, you can also seek non-economic damages.

Except for some states, an employee can seek compensation if the employer intentionally and directly caused the injury. In such cases, you can sue your employer and prove they were at fault. If defective equipment caused the injury, you can sue the manufacturer and get compensation.

In cases where a third party is involved in the accident that caused the injury, you can file a lawsuit and seek damages against that person. For toxic substance exposure resulting in injury, a toxic tort claim against the substance manufacturer is advised.

Getting Fair Compensation

It is a common practice among insurance companies to do their best to lower the amount they pay to injured employees. Thus, it would help if you talked to a lawyer who can help you navigate the complexities of worker’s compensation and the claims process.

The lawyer should be able to help you with all the paperwork and advise you at all stages of the claim. Having a reliable lawyer by your side will also ensure the insurance company won’t lowball you. There are instances where employees are required to resign after getting paid a settlement. Check with your lawyer if you can negotiate a higher payout and, at the same time, get compensation from any employment law claims.

What’s Next?

Ensuring you follow all the appropriate procedures for a worker’s compensation claim is essential. Remember to file all the paperwork and notify all relevant parties within the deadline so you don’t waste time and effort. A work injury claim generally involves various processes, so you must be patient.

First, there will be an investigation to determine the cause of the workplace injury and determine fault and liability. The next step is to analyse your worker’s compensation coverage and file the claim. There will be a negotiation with the employer or the insurance company to determine the settlement amount. You may need to go to trial if your case is not resolved.

Unfortunately, not all workplace injuries can be resolved with a settlement. Worker’s compensation insurance rarely covers everything an employee needs to cover medical expenses and lost wages. As such, employees have the right to file for a work injury lawsuit to seek damages.

If you go to trial, be ready to present evidence and witnesses. Don’t forget to take photos and videos and secure witness statements during the accident. These will be valuable if your case goes to trial. You should also ensure you have compiled all receipts and medical records.

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