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Archive for workplace injury

How Legal Representation Can Help You When Injured on the Job

Posted by David Brown 
· August 8, 2023 

Suffering an injury while on the job can be a distressing and overwhelming experience. In such situations, seeking legal representation can be crucial to protect your rights and secure the compensation you deserve. Here are several ways in which legal representation can assist you when injured on the job:

  1. Understanding Workers’ Compensation Laws: Workers’ compensation laws can be complex and vary from state to state. A skilled attorney with expertise in workers’ compensation can guide you through the legal process and help you understand your rights and entitlements under the law.
  2. Ensuring Timely Filing: Workers’ compensation claims have strict deadlines for filing. An experienced attorney can ensure that your claim is filed promptly and accurately, reducing the risk of your claim being denied due to missed deadlines.
  3. Gathering Evidence: To support your workers’ compensation claim, strong evidence is essential. A lawyer can help gather and preserve relevant evidence, such as medical records, witness statements, and accident reports, to build a compelling case on your behalf.
  4. Assessing the True Value of Your Claim: Determining the full extent of your injuries and the associated financial losses can be challenging. An attorney can evaluate the value of your claim, taking into account medical expenses, lost wages, future medical needs, and pain and suffering, to pursue the maximum compensation possible.
  5. Negotiating with Insurance Companies: Insurance companies often try to minimize payouts to injured workers. Having legal representation ensures that you have a skilled negotiator on your side who can advocate for your rights and push for a fair settlement.
  6. Handling Appeals: If your initial workers’ compensation claim is denied, you have the right to appeal the decision. A lawyer can assist you in filing an appeal and presenting a strong case to support your claim.
  7. Pursuing Third-Party Claims: In some cases, a third party (not your employer or coworker) may be responsible for your workplace injury. A knowledgeable attorney can explore potential third-party claims and help you seek compensation beyond workers’ compensation benefits.
  8. Protecting Against Retaliation: Unfortunately, some employers may retaliate against employees who file workers’ compensation claims. A lawyer can ensure that your rights are protected and take appropriate legal action if you face any adverse actions for asserting your rights.
  9. Representing You in Court: If your workers’ compensation claim dispute escalates and goes to court, having legal representation is essential. An attorney can present your case in front of a judge and jury, advocating for your rights and interests.
  10. Peace of Mind: Dealing with the aftermath of a workplace injury can be emotionally draining. Having a lawyer handle the legal aspects of your claim can provide you with peace of mind, allowing you to focus on your recovery and well-being.

In conclusion, legal representation can play a critical role in helping you when you are injured on the job. From navigating complex workers’ compensation laws to advocating for your rights and securing fair compensation, an experienced attorney can be your strongest ally during this challenging time. If you find yourself injured at work, don’t hesitate to seek legal counsel to protect your rights and ensure that you receive the support and benefits you are entitled to.

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Four Common Personal Injuries And What Action To Take Afterward

Posted by David Brown 
· June 23, 2022 

We go about our daily lives never thinking about what could happen to us. We never think that we could be in a car accident or fall and hurt ourselves. Unfortunately, these things happen every day, and it’s important to know what action to take should they occur. Here are some typical personal injuries and what to do if you receive one.

Auto Accidents

Did you know that more than three million people are injured every year in auto accidents? Of course, no one expects to be in an accident, but there are several things you should do if it happens. First, always seek medical attention immediately, even if you don’t think you’re injured. It’s better to be safe than sorry, and many injuries don’t show themselves until hours or even days after the accident. Call a personal injury attorney immediately. They can help you navigate the often-confusing legal process and get the compensation you deserve.

Slip And Fall Accidents

These types of injuries are also very common. In 2020 alone, there were more than 200,000 ER visits due to slip and fall accidents. If you should find yourself in this situation, it’s important to get medical attention right away and take pictures. This can help you prove your case should you decide to take legal action. You should also save any receipts for medical treatment and lost wages, as these can be used as evidence.

Workplace Injuries

Having an injury in the workplace is common, especially if you have repetitive movements like typing or lifting. If you do find yourself injured at work, you should report it to your employer right away. They should then file a workers’ compensation claim on your behalf. You’ll likely have to see a doctor that is approved by your employer’s insurance company, but they will be responsible for paying your medical bills.

Dog Bites

You probably don’t relate dog bites to home insurance claims, but they actually fall under personal injuries. Has someone you know been bitten by a dog? It’s important to seek medical attention and then contact an attorney to navigate help with future medical bills you incur.

Importance Of Legal Protection

It is possible that you could get injured, and it’s not your fault. This is where legal protection comes in. A personal injury attorney is a professional that can help file a claim and get the money you deserve. Without legal protection, you may not be able to get the full compensation you need to cover your medical bills and other expenses.

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When a Workplace Injury Requires Filing a Lawsuit Against a Negligent Third Party

Posted by David Brown 
· December 5, 2019 

If you have suffered a workplace injury, workers’ compensation may not cover all of your expenses. However, in limited circumstances, an employee who suffers a workplace injury can file a lawsuit against an employer or a negligent third party.

An example would be if there was a safety violation, a dangerous condition, or a toxic substance that caused the injury. Often, these claims occur when there is a negligent third party. You could also sue your employer if they intentionally hurt you or if they don’t carry workers’ comp insurance.

Third-party claims

In the event that an employer doesn’t maintain adequate safety controls, workers’ compensation doesn’t provide punitive damages. That is why is important for injured workers to know their rights and potentially bring a personal injury lawsuit against a third party.

Toxic Substances

If a worker is exposed to a toxic substance such as asbestos, a lawsuit can usually be brought against the manufacturer of the substance. Also, if a worker used safety equipment that didn’t adequately provide protection against the toxic substance, the manufacturer of the equipment can also be held liable for the worker’s injury.

Some injuries caused by toxic substances are immediate, such as a chemical burn. But many times, injuries caused by toxic substances do not appear for a number of years. But even if there is a time delay, injured workers can succeed in winning lawsuits and receiving monetary damages for their injuries.

Hazardous Conditions

Jobs in factories, transportation, and construction are where workers are most likely to be faced with hazardous conditions that could result in an injury.

A factory worker could bring a product liability lawsuit against a manufacturer if the worker suffered an injury caused by machinery that was defective or didn’t work properly. If the manufacturer knew that the equipment or machinery was dangerous, they could be required to provide the injured worker with compensation.

Similarly, a truck driver can bring a lawsuit against a manufacturer of a truck part that is determined to be defective and caused the driver to be injured. If a construction worker is injured on a job site, a claim could be brought against a negligent party, such as an engineer, architect, general contractor or equipment manufacturer.

Seek legal assistance

If you have suffered a workplace injury, you may be eligible for benefits beyond what is provided through workers’ compensation. To receive the benefits you deserve, it is important to seek the assistance of an attorney who understands both personal injury law and the workers’ compensation system.

 

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