Occupational Injury Lawsuit

A work related injury is harm caused by tasks done at work. In other words, work injuries are ones that arise from the performance of job duties. Work related injuries can be injuries resulting from one incident, or can be injuries that occur over a long period of time.

Some of the most common examples of work related injuries include:

• Lower back injuries, such as those resulting from heavy lifting or straining
• Respiratory difficulty or illnesses
• Repetitive stress injuries
• Occupational diseases, such as those resulting from exposure to toxic materials

Additionally, there are some work related injuries that involve psychological and/or emotional injury. An example of this would be occupational stress, which will be further discussed below.

It is important to note that the emotionally-damaged injured worker is more likely to succeed in making a claim if they also have physical manifestations of injury. This is common: a serious physical work injury, especially one that keeps someone from being able to work for a time (or at all), can cause severe depression.

To determine if an injury is a work related injury, consider the following:

• Was the injury directly related to the employee’s assigned work tasks?
• Did the injury cause the employee to miss at least one day of work?
• Was the employee performing this task according to the instructions or directions provided to them by their employer?

What Is an Occupational Injury? Is an Occupational Injury Different from Occupational Stress?

An occupational injury is a specific type of work related injury that is closely associated with the employee’s particular line of work. These are injuries that are common to a particular occupation. An example of this would be how asbestosis is a specific condition that is caused by exposure to asbestos, which is associated with specific lines of work such as construction.

Occupational injuries can be distinguished from random injuries that occur while the employee is simply on the work premises, such as a slip and fall case.

Some common examples of occupational injuries include:

• Back injuries resulting from lifting or moving heavy objects
• Strains and sprains
• Repetitive stress injuries, such as carpal tunnel syndrome
• Popcorn lung and other respiratory illnesses
• Asbestosis and mesothelioma
• Eye injuries
• Burns, rashes, and other skin conditions

Additionally, specific events or incidents at the workplace can “trigger” occupational stress.

Examples include:

• Harassment on the job, including sexual harassment
• Instances of discrimination against employees who are in protected classes
• Dangerous working conditions
• Indecent or improper workplace atmospheres

Some other factors which can cause occupational stress include:

• Performing work that you are not sufficiently trained for
• Working too many hours in a day, week, or month
• Exposure to highly emotional or psychologically challenging issues
• Experiencing illegal conduct and/or unethical acts in the workplace
• Facing job penalties or being threatened with termination
• Loss of wages or benefits
• Pay cuts

Occupational stress can cause severe physical symptoms as well. These can include:

• Hyperventilating
• Shaking
• Nausea
• Upset stomach
• Dizziness
• Panic and/or anxiety-like symptoms.

What Is an Occupational Disease?

An occupational disease, also known as an industrial disease, is an injury, illness, or medical condition that a worker gets by working in a particular industry or at a specific type of job. If the injury is an occupational disease, generally a large group of workers from the same job or industry will all share similar illness symptoms or injuries.

Occupational diseases are often associated with unsafe working conditions that are common in the industry.

Industries that are most commonly associated with occupational diseases in workers include:

• Mining
• Factory assembly plants
• Animal slaughterhouses
• Textile factories
• Hairdressing and nail salons

Some common examples of occupational diseases include:

• Back and spine injuries from heavy lifting
• Muscle strain, arthritis, and joint injuries from repetitive motions
• Lung diseases, such as emphysema
• Breathing problems such as occupational asthma, often caused by poor air quality
• Vision and hearing impairment
• Skin conditions including eczema, burns, and blistering caused by contact with chemicals, electricity, and/or machinery
• Loss of limbs or other body parts
• Head injuries and neck injuries
• Cancers or illnesses caused by chemicals such as asbestos

Sometimes occupational disease derives from exposure to toxic substances. Government and industry leaders have developed occupational exposure limits that set forth the maximum concentrations of certain toxic substances that should be allowed in a given workplace. These limits generally address various hazardous airborne substances such as asbestos and silica. If a person is exposed to a quantity that exceeds the limit, they can suffer negative health consequences.

One other notable form of occupational disease is occupational stress. This is a psychological condition in which the person may experience a heightened level of anxiety, depression, mental fatigue, or other mental health symptoms. Occupational stress is more common in certain types of jobs (such as teaching, medicine, mental health counseling, etc.) than in others. This is why It is considered to be an occupational disease.

A worker may not know that they have an occupational disease right away. Some forms of work related diseases develop over time, and may not be discovered until months or years after the disease process is started. In some cases, a worker does not realize they have an occupational disease until they have retired or left their job.

How Are Occupational Injuries Remedied?

Very often, work-related injuries are remedied either through filing a workers compensation claim or a disability insurance claim. Some companies provide for injured employees in ways outlined in their employment contracts or employee handbooks.

However, if these remedies do not sufficiently address the issue, it may be necessary to file a lawsuit. Such a lawsuit could result in a monetary damages award that can help cover for expenses such as:

• Medical bills
• Hospital costs
• Rehabilitation costs
• Lost past wages, and sometimes loss of future wages
• Loss of a job position

Special attention is given toward compensating an employee for occupational stress. This includes awards for:

• Pain
• Mental anguish
• Trauma
• Feelings of humiliation or shame
• Insomnia
• Depression
• Self-destructive thoughts
• Anxiety or stress

Given that the symptoms are psychological, it can be difficult to know how much money to award to the employee. As mentioned earlier, cases which involve actual physical symptoms are generally more likely to be successful than cases that do not.

In cases which involve injuries that were caused intentionally, there may be other damages awarded. This can include punitive damages, which are meant to punish the defendant. If the defendant is a large company it may take a lot of money for the defendant to feel and be punished. Punitive damage awards can run into thousands, and even millions, of dollars.

Examples of injuries for which punitive damages could be awarded include:

• Illegal conduct in the workplace
• Cases involving sexual, racial, or other harassment
• Intimidation or threats made against the employee by a supervisor

Do I Need an Attorney for a Claim Involving Occupational Injury?

It is essential to have the assistance of an experienced and local worker’s compensation lawyer concerning any issues, questions, or concerns you may have related to a work injury. A local lawyer is your best choice, because they will be best suited to represent you according to your state’s specific employment and workplace safety laws.

A work injury lawyer can review your claim and represent you in filing disability insurance or worker’s compensation claims. They can stand up on your behalf with your employer, to negotiate a settlement. If other methods of resolving the claim fail, your attorney can file a lawsuit on your behalf.