Work Injury Lawsuit
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What Is a Work Injury Lawsuit?
A work injury lawsuit is a legal action involving injuries that are sustained at the workplace. On-the-job injuries are often covered by workers compensation plans. These are state-mandated programs that provide recovery for workers who are injured under certain work conditions.
However, in some cases, the compensation plan may not cover the particular type of injury involved. Or, there may be disputes between the employee and employer regarding liability. In such cases, a work injury lawsuit may need to be filed if other methods of compensation are ineffective.
What Should I Do If I am Injured at Work?
If you are injured while you are at work, it is very important to report the injury to your employer as soon as possible. There are time limits to bring a work place injury claim, which vary from state to state. Your claim may be denied if you do not report the injury to your employer within the required time.
Even if you do not believe you are injured in the accident, you should still report the incident to your employer because some injuries are not noticeable until days after the accident. Notify your employer about the details of the accident and the time it happened. Also, make sure to take as many pictures of the accident and gather any other evidence and/or witnesses that saw the accident.
What Are Some Examples of Work Injuries?
Some common examples of work injuries include:
- Repetitive stress injuries (such as carpal tunnel injuries or injuries resulting from repeated lifting, grabbing, etc.)
- Slip and fall injuries
- Vehicle-related injuries
- Lung and breathing injuries
- Toxic substance injuries
Some lines of work are associated with certain types of injuries more so than others. For instance, manufacturing industries often involve injuries from toxic substances. The type of work is often factored into a work injury lawsuit determination, especially when courts need to estimate the likelihood of an injury occurring.
Will Workers’ Compensation Cover Me for Any Work Injury?
Yes. Workers’ compensation will cover you for any work-related injuries or illnesses. Sometimes even if the employee caused the accident, they may be able to get workers compensation for their injuries or illnesses as long as the employee did not cause the accident under the influence of illegal drugs and alcohol.
It should be noted that there is a difference between a personal injury lawsuit and a workers compensation claim. Some people think that a workers’ compensation claim is the same as personal injury claims, when technically this is not actually the case.
What Is the Difference Between a Workers’ Compensation Claim and a Personal Injury Lawsuit?
The difference between personal injury lawsuits and workers compensation claims is fault. In a workers’ compensation claim, the employee may still recover if they were at fault in the accident. In a personal injury lawsuit, the employee may only recover if the other person was at fault in some way.
There is also a difference in damages between a personal injury lawsuit and a workers’ compensation claim. An employee is not entitled to benefits for pain and suffering in a workers’ compensation claim. In a personal injury claim, an employee is entitled to recover all the damages that they suffered. This includes lost wages and earnings, lost future wages and earnings, medical bills, future medical expenses, pain and suffering, and loss of enjoyment of life.
How Are Work Injury Lawsuits Resolved?
Work injury lawsuits are often resolved through a monetary damages award. This will help the injured party recover losses such as medical expenses and lost profits. Documentation is needed to support the damages award claim, and an expert witness may be called in to verify the extent of the injuries and losses.
In some instance, a work injury lawsuit may uncover problematic aspects of that particular work environment. After the lawsuit, a larger scale investigation. Alternatively, the court may order the employer to reform their company policies to enforce safety standards.
Do I Need a Lawyer for Assistance with a Work Injury Lawsuit?
Work injury lawsuits can involve some very technical legal concepts, and may require the help of a qualified employment lawyer. You may wish to hire an employment attorney in your area if you need help filing a work injury lawsuit. Your attorney can inform you of how the process works and can advise you on how to proceed. Also, your lawyer can represent you and guide you during the court meetings and hearings.
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Last Modified: 05-11-2016 04:04 PM PDT
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