Do you need a personal injury attorney for a workplace accident?

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By Kentent

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It is common to see commercials stressing the importance of being safe in your workplace environment. Workplace injury law has been established to improve the workplace and protect workers and to repay them fro injuries sustained at work. Departments like Occupational Safety and Health Administration (OSHA) have now been developed to monitor working conditions and create a level of safety for workers that companies must administer to. In 2006, OSHA investigated 73 workplace fatalities. The cause of death varied; they were strangled, burnt, shot, beaten, decapitated, electrocuted, drowned and crushed to death.

OSHA penalizes companies for dangerous working conditions. Your employer is not only responsible for providing a safe working environment, but they must support you if you suffer injuries on the job site. OSHA regulations are very strict and it is a good idea to contact a personal injury attorney to hold your company responsible for injuries you suffered on the job.

Workplace injuries cost companies roughly 125 billion to 155 billion dollars in wages per year! That is why we have OSHA, to help reduce this number.

What can a personal injury attorney do for you?
Do not wait! If you have been injured in a work related accident, you need to contact your lawyer immediately. You could be losing out on critical information and giving up certain rights. Before you ever talk to an insurance agent, adjuster or attorney, you should be talking to your attorney first.

Most personal attorneys will take on your case for no charge. This is called a contingency basis; they will be paid once your case wins. Many settlements are increased to help cover the costs of the attorney and they will take out their fee before you see the money. Most attorneys will invest money in your case to do research and hire experts to testify. A good lawyer typically invests between 30 to 50 thousand dollars before they are ever paid. This is a great assurance to you that your attorney is working for you.

Without the advice of an attorney, you may be settling for less than you deserve. Since you did not cause this accident, you are entitled to be taken care of. A good attorney is ethical and will attempt to obtain as much money for you that will cover all your costs. Accident insurance does not represent you personally, they represent the company. They are a business and in business to make money. Trying to deal with your companies' accident insurance can be lengthy and you may be taken advantage of.


Workplace accidents and injuries occur all the time and if you do not know your rights, you may not be getting the compensation owed to you. If you were laid off as a result of your workplace accident or injury and you were not paid for your recovery time, you need to contact a lawyer immediately.

Since 1971, OSHA has helped reduce workplace accidents by more than 60 percent, but with the growing number of new jobs, there are still a lot of accidents. Workplace accidents occur all the time and it is possible to be injured in an office just as much as you could on a construction site. OSHA statistics claim more than 10 million Americans are injured on the job or handling work related matters. Here are some common workplace accidents:

  • Slip and Fall
  • Back Injuries
  • Falling objects accidents
  • Lacerations
  • Abrasions
  • Carpal Tunnel
  • Burns
  • Broken Bones

Since workplace accidents are so common, it is easy to have your case set aside and it could be a very long time before you see any compensation for your injuries or time off work. It is a smart investment to seek an experienced lawyer to deal with this complicated issue. A personal injury lawyer is skilled in this field and knows how to assist you for the duration of your claim.

There are many things you have to report if you are involved in a workplace accident such as: deaths, major injuries, over-three-day injuries (this is when an employee or self-employed person has an accident at work and is unable to work for over three days, but does not have a major injury), work-related diseases, dangerous occurrences, Where a member of the public is taken directly to hospital. Without the proper reporting procedures, you could be missing out on the compensation you are entitled to.

Workman's Compensation Claims vary depending upon your state. Compensation laws are designed to make sure the employee who is injured or disabled on the job is provided with the proper compensation they deserve. This herby eliminates the need for litigation. If a family member was killed in a workplace accident, workman's compensation also provides benefits for the dependants of those workers.

Most injured workers recover from their accidents quickly, however there are a few cases when some employees are seriously injured and may have difficulty with their employer or with the compensation system. If this happens to you, it is best to consult your lawyer immediately. You, your lawyer, and workman's compensation will go through a process called worker's compensation litigation. This process is actually considered to be easier than traditional injury litigation because it takes place in an administrative setting and has relaxed evidentiary rules.

Typically, workers hire a personal injury attorney when workman's compensation or your employer refuses benefits to which you are entitled. If you are told by your employer to return to work before you are medically able, or you are denied extended or permanent disability despite having significant injury; you have a good case to work with an attorney.

Most employees do not know the laws that pertain to workplace accidents. Most employers are aware of how the laws work and know how the compensation system works and even how to terminate an employee's benefits. Having a personal injury lawyer who is experienced in this will help you tremendously. There have been cases when an employee is injured and returns to work only to find that their position has been eliminated and they have been laid off, thereby making you no longer eligible for workers compensation benefits. There is also another loophole, many employers hire doctors who want to keep a relationship with the employer rather than helping the employee.

Having an experienced lawyer on your side will benefit you tremendously. Your lawyer will know the administrative judges or hearing officers who preside over the compensation hearing, and may even have past experiences dealing with the doctors and defense lawyers who are trying to block your claim. As you can see, having an experienced attorney who knows all the ins and outs can help you get the compensation you deserve.

Your attorney will advise you on how you qualify for workman's compensation benefits and when there may be an exception to suing without an injury. There are two narrow exemptions that you can sue for:

  • If your employer has intentionally caused injury to you
  • When your employer is required to carry Worker's Compensation coverage but fails to do so.

As you can see, this gap is very narrow and many employers must have a committed a specific act to cause injury to the employee.

There are many steps in a personal injury case related to work injuries. Having a personal injury lawyer with experience is essential in getting the compensation you deserve. A lawyer can look at your case and let you know if it is even worth your time to pursue legal action. Most personal injury lawyers will work for a contingency fee, so if you don't win your case, they will not hold you responsible for their fees. This further proves their dedication to your case. A lawyer wants to win not only for you, but so they can get paid too. With all the paperwork you have to fill out, it can quickly become confusing. A good lawyer on your side will help you work through all that paperwork and fill out the necessary forms to resolve your claim. There is a lot of investigation work that goes into a personal injury case and if you personally don't have the time to look for all the details, you could miss out on key evidence. A personal injury lawyer will come with a team of investigators who have experience in specialized areas, and will skillfully investigate the technical aspects of your case.

Take the time to do your research and know your rights. Hiring a personal injury lawyer to help you win your case against your employer who has wronged you is the best way to ensure you are getting the compensation you deserve. Your personal injury lawyer will have experience in this field and will know how to handle your case and work hard for you. You deserve to have someone fighting for you that wants to see you not only get better, but obtain the funds to help you get better.

Comments

Andre 12 months ago

A very thorough and well laid out guide, which is especially helpful to those who do not know which way to look for assistance in these legal matters.

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