Helping Injured Workers Nationwide Get the Benefits They Need
Workplace injuries kill thousands of workers each year. In 2020, an average of 13 workers died every day of work-related injuries and illnesses. And, there were 2.8 reportable workplace injuries for every 100 full-time workers.
Workers’ compensation is supposed to make it quicker and easier for an injured worker to get medical care and other benefits. Sometimes, it works out that way. But, employers and workers’ compensation insurance carriers don’t always play fair. The more serious the injury or illness is–and so, the more money is at stake–the more likely it is that you will encounter obstacles in the workers’ compensation process.
It’s generally a good idea to consult an experienced workers’ compensation attorney if:
- Your claim isn’t moving forward
- Your claim is denied
- Your employer fires you or otherwise retaliates against you for filing a workers’ comp claim
- You receive a settlement offer that seems too low based on your medical bills and lost earnings
You should also consider retaining an attorney if:
- You are having trouble getting coverage for treatment your doctor recommends
- Your injury is serious and you expect long-term or permanent partial or total disability
- You have a pre-existing condition that may confuse which symptoms and limitations are attributable to the work injury
Who is Entitled to Workers’ Compensation Benefits?
The general requirements to be eligible for workers’ compensation benefits are:
- That the injured party is an employee, and
- That the injury occurred in the course of employment
There are limited exceptions. For example, in some states workers’ compensation benefits may be denied if the injured employee was under the influence of drugs and that played a role in the injury. And, in some states, employees who were engaged in “horseplay” at the time of the injury aren’t eligible for benefits. Generally, though, any employee who is injured on the job is eligible for workers’ compensation benefits. It’s not necessary to show that the employer was negligent or otherwise at fault, and the employee may be eligible for benefits even if the injury occurred due to their own negligence.
Independent contractors are typically not entitled to workers’ compensation benefits. However, an employee who has been misclassified as an independent contractor may qualify.
Work injuries triggering workers’ compensation claims can happen in any industry. In fact, you might be surprised to learn just how often office workers are injured on the job. Many of those injuries involve repetitive stress injuries such as carpal tunnel syndrome, but some injury types are more surprising. For example, falls are among the most common causes of workplace injury in office environments.
Some other high-risk industries and the most common injuries associated with them are more intuitive. For example:
- Restaurant workers are nearly seven times as likely as other private-sector workers to sustain burn injuries at work, and more than three times as likely to suffer cuts and lacerations on the job. Burn injuries are also common in the manufacturing, automotive, electrical appliance, chemical plant, and construction industries.
- Falls, slips, and trips account for nearly ⅓ of injuries resulting in lost workdays in the construction industry. Most of these injuries involve falls to a lower level. Construction workers are also at increased risk of being struck with objects, being caught between objects (such as a piece of equipment and a wall), and electrocution.
- Crashes and collisions are among the most common causes of work injury, across a range of industries. These include commercial trucking accidents, motor vehicle accidents involving delivery drivers, and even collisions involving other types of equipment, such as tractors and forklifts. You needn’t be a professional driver to sustain a motor-vehicle-related injury that may qualify you for workers’ compensation benefits. For instance, a marketing professional who leaves the office to drive to a client’s office for a meeting and is involved in a car accident on the way may be eligible for workers’ compensation.
- Warehousing and logistics, manufacturing, and even retail workers are at risk of loading dock injuries such as falls, back injuries, forklift accidents, and even carbon monoxide poisoning.
Of course, these are just examples. Employees in any industry can suffer injuries on the job and pursue workers’ compensation benefits.
What Benefits are Available through Workers’ Compensation?
Workers’ compensation benefits are intended to ensure access to medical care, and to replace income lost due to the injury. Most states also offer partial income replacement if the injured worker is able to return to work full time or can be reassigned to lighter duty work that pays less.
Long-term disability payments are available if the worker is permanently disabled, either totally or partially. In this situation, the worker will typically be offered a lump sum settlement. It’s important to assess this type of offer carefully, and it’s in your best interest to get advice from an experienced workers’ compensation attorney before accepting. In most cases, once a settlement is accepted, the right to any further compensation is cut off. That means that if you find out later that your injury requires further treatment, such as an additional surgery, you may have to pay for that care yourself.
Additional Compensation for Work Injury Victims
Workers’ compensation is generally an exclusive remedy, which means that the injured worker can’t sue the employer. But, in some cases, the injury victim may have a claim against a third party. For example, a driver who is injured in a motor vehicle crash may have both a workers’ compensation claim and personal injury claim against the driver who hit them. Or, a manufacturing plant employee who was injured when a piece of machinery malfunctioned might have a workers’ compensation claim and a product liability claim against the manufacturer of the equipment.
An attorney experienced with both workers’ compensation claims and other types of work injury claims can help determine which types of compensation may be available to you and coordinate those claims.
Getting Help after a Work Injury
When you’ve been injured, required medical care, and lost work time, you may be worried about how you’ll get back on track. Workers’ compensation was designed to answer that question with a simplified way to receive benefits. When it doesn’t work that way, an experienced workers’ compensation lawyer can be your best resource. To learn more, just fill out the contact form on this site or call 888-845-8888 to schedule a free consultation.
