WORK ACCIDENT INJURIES
What is a Workplace Accident?
On-the-job injuries are the most common workplace accidents. These injuries are typically caused by accidents that include a slip, trip or fall; heat burns; or electrical burns. Injuries caused by an explosion, defective equipment, inadequate danger warnings, and unsafe flooring is also considered workplace accidents.
The most common type of accident involves lifting injuries or slip and fall injuries but, unknown to many people, they also have a workers compensation claim when they are hurt from the repetitive stress of certain work related activities. Carpel tunnel syndrome is often the result of repetitive stress which may occur on the job. Exposure to chemicals, dust, fumes, animals or other work/environmental exposures may result in disease or death.
Workers’ compensation
Injured workers may be entitled to workers’ compensation benefits after an accident if his or her employer has purchased workers’ compensation insurance. Workers’ compensation insurance, or “workers comp,” is a state-mandated program consisting of payments required by law to be made to an employee who is injured or disabled in connection with work. The federal government does offer its own workers’ compensation insurance for federal employees, but every individual state has its own workers’ compensation insurance program.
In most situations, injured employees receive workers’ compensation insurance no matter who was at fault for the injury. Because workers compensation benefits act as a type of insurance, they preclude the employee from suing his or her employer for the injuries covered.
Many times, employers deny the worker these benefits leaving the injured worker without income while he or she recovers. Many employers become angry when a worker reports an injury on the job and often retaliate by harassing or humiliating the injured employee at work so he or she will quit. Some employers even fire an employee because of reporting an injury on the job.
What type of injuries are covered by workers’ compensation?
Workers’ compensation insurance is even designed to cover injuries that result from employees’ or employers’ carelessness. The range of injuries and situations covered is broad, but there are limits. States can impose drug and alcohol testing on the injured employee, and can deny the employee workers’ compensation benefits if such tests show the employee was under the influence at the time of the injury. Compensation may also be denied if the injuries were self-inflicted; where the employee was violating a law or company policy; and where the employee was not on the job at the time of the injury.
Although the payments are usually modest, workers’ compensation insurance covers:
- Medical care from the injury or illness,
- Replacement income,
- Costs for retraining,
- Compensation for any permanent injuries, and
- Benefits to survivors of workers who are killed on the job.
Remember, though, that if a person collects workers’ compensation benefits, he or she cannot sue the employer. Additionally, workers’ compensation benefits do NOT cover pain and suffering.
Wage replacement is usually two-thirds of the worker’s average wage, but there is a fixed maximum amount that the benefits will not go over. That may seem modest, but note that these benefits are not taxed. So, as long as the employee was making a fair wage, he or she should have no major problems. The eligibility for wage replacement begins immediately after a few days of work are missed because of a particular injury or illness.
We Can Help
If you have suffered an injury in the workplace, The Personal Injury Help Center can help you find the help and resources you need. Our network of personal injury lawyers, experts and professionals strive for justice and fairness in the form of compensation for victims of workplace injury accidents.
We are dedicated to seeking justice and fair financial compensation for those who are facing a future that has been forever altered by the negligent act of another. When you are looking to file an injury claim, you need to know that you have the best working on your side.
Over the years, our team has been successful in recovering rightly-owed compensation in verdicts and settlements on behalf of our clients. This is a testimony to our ability to help our clients in some of the most complex injury litigation.
When filing a workplace accident injury claim, you only have one opportunity to secure a settlement; once you accept an offer, you cannot turn around to get more money if you realize that it will not cover the extent of the damages. To help you better understand what the settlement should cover, the team at The Personal Injury Help Center will help you:
Make sure your injury claim covers all your medical expenses. This includes hospital bills, rehabilitation, future medical costs, costs of medication, future doctor visits, caretaker costs, and reconstructive surgery.
Make sure the settlement covers monetary damages. This includes property damage or car damage, lost earnings and wages, and future loss of earnings.
Make sure you are compensated for other miscellaneous damages. These include pain and suffering, loss of enjoyment of life, and out of pocket expenses.
To learn more about Workplace Accident Injury claims and find out how you can obtain compensation for the injuries that you have sustained in any type of accident, please complete and submit the Free Case Evaluation form.