Most companies have an account with workers’ compensation. This is in place in the event that an employee is hurt while working, as this does happen often. If you are hurt while performing the duties of your job, there are several situations that would allow you to sue for damages, whether there is workers’ compensation involved or not. No matter how you are injured while working, it can be very beneficial to consult with an attorney. A lawyer can inform you of your rights and make sure that you receive additional compensation should you qualify. They will review your case and decide if there is substantial evidence to prove that you are entitled to other reimbursement. When consulting with an attorney like those at Attkisson Law Firm, you can that your legal rights in regards to the incident will be protected.
Reasons to Sue for Damages:
There are several ways that qualify an injured worker to sue for damages. For instance, if a defective product caused the injury, the wounded employee can bring products liability lawsuit against the manufacturer. If you are hurt by a toxic substance, there is a lawsuit that deals with toxic tort that again deals with the manufacturer. Then there is a personal injury lawsuit that may come about if your employer has intentionally caused you harm. In this case the injury usually happens because of an unsafe condition that the employer neglects to fix. Then there is the case where an employer does not carry workers’ compensation insurance and in this case you can sue your employer to cover damages that result from the incident.
Types of Injury:
There are several types of injury that can occur in the workplace. A common injury involves being exposed to toxic chemicals for long periods or even being exposed to them in an unsafe way. Some work requires you to be around asbestos, for instance. Long term exposure to this can cause cancer later on in life. Then there are types of toxic chemicals that can cause immediate injury like those that result in chemical burns. With these types of injuries it is important to speak to a lawyer, especially when a substantial amount of time has passed. This is because injuries or illness that happens later on in life can be more difficult to prove.
Then there are general injuries that can occur from working in unsafe conditions. For instance, falls during work can cause serious harm to an employee. The most common places this type of injury is seen is with construction workers, miners, and factory workers. They often occur on defective ladders or scaffoldings. This is not the only occurrence however. An employee can be harmed by any type of defective equipment and the manufacturer can be sued if they knew the product would be harmful and they did not inform the place of business and its employees.
There are also injuries called repetitive motion injuries, in which an employee is expected to perform the same task over and over. After a considerable amount of time doing the same thing, an injury can appear. It is the employers’ responsibility to consider the future injuries that come with doing repetitive work and do their best to prevent it.
Not all injuries are physical as well. Sometimes an employee can work in a hostile work environment where they experience discrimination, for example. The outcome of this can be psychological and emotional damage. Disorders can form and the employee will in turn need to have therapy to reverse these effects. If you find yourself in any of these situations in the workplace it can be very necessary to hire an attorney.
Why a Lawyer is Important:
When you are injured on the job, workers’ compensation is generally there to compensate you for your lost wages while you recover. However, there may be more to your case than that, which is what a lawyer can determine after reviewing the facts. Another reason having an attorney is important, is that sometimes when dealing with workers’ compensation, they try to fight your claims. An attorney can provide guidance through this process and ensure that your legal rights are not violated. Also, if you are permanently disabled, which does occur, a lawyer will fight for you to receive income that you will lose in the future from not being able to work. While the purpose of workers’ compensation is provide the injured employee with the appropriate funds during their time of need, it sometimes does not cover everything and it can even try to discredit the need for its use. This is why the use of a lawyer is so important. They will work for your best interest in regards to your future. An attorney will also know the statute of limitations in regards to a workplace injury. They often vary from state to state and is the reason you should consult with an attorney as soon as possible after the incident occurs.
The journey from experiencing a workplace injury and being compensated for it can be long and drawn out sometimes. Especially when the injury occurs a long time after you have been exposed to certain things. It is always important to have a lawyer on your side as they will fight for you and your family. Workplace injuries can prove to become very costly, depending on the severity of the injury and much like other insurance companies, a workers’ compensation claim will try to provide you with assistance while trying to pay out the least amount possible. That is part of the reason it is imperative to seek counsel when trying to file a civil lawsuit or when dealing with workplace insurance companies. So if you find yourself injured and in need, do your homework on work injury attorneys. Make sure you have one that is experienced and has a good track record in fighting these types of cases. The right attorney can make you feel whole again after you have experienced an accident at work.