Exploring Your Rights After a Workplace Injury

Workplace injuries often raise urgent questions about how to recover compensation and protect your financial future. If you’ve been hurt on the job, understanding your rights and options is critical. While many work injuries are handled through workers’ compensation claims, there are certain situations where you may be eligible to file a lawsuit.

At E&L, LLP, our experienced workers’ compensation lawyers can help you determine the best course of action. Whether you’re pursuing workers’ comp benefits or considering a personal injury claim, we’re here to guide you every step of the way.

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Frequently Asked Questions

What Should I Do Immediately After Being Hurt at Work?

  1. Notify Your Employer:
    Report the injury or illness to your employer as soon as possible. Failure to report promptly could jeopardize your ability to recover compensation.
  2. Seek Medical Attention:
    Follow your employer’s instructions regarding medical evaluation, especially if they require you to visit a specific doctor.
  3. Document the Incident:
    Keep detailed records of the injury, including photos, eyewitness statements, and medical reports.

Can I Sue for a Work Injury?

In most cases, workers’ compensation laws prevent employees from suing their employer for work-related injuries. Workers’ compensation is a no-fault system that provides benefits without the need to prove liability. However, there are exceptions where you may be able to file a lawsuit:

  1. Intentional Harm:
    If your employer intentionally caused your injury, you may be eligible to sue. For example, if an employer physically assaulted you, you could pursue a personal injury lawsuit.
  2. Employer Lacks Workers’ Compensation Insurance:
    If your employer does not carry required workers’ comp insurance, you may sue them directly for damages.
  3. Third-Party Liability:
    If a third party (e.g., a subcontractor or manufacturer) caused or contributed to your injury, you may file a lawsuit against them while also pursuing workers’ compensation benefits.

What Compensation Can I Pursue in a Personal Injury Lawsuit?

Unlike workers’ compensation, which is limited to specific benefits, a personal injury lawsuit can include compensation for:

  • Pain and suffering
  • Emotional distress
  • Lost earning capacity
  • Medical expenses
  • Punitive damages (in some cases)

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When Should I File a Lawsuit Instead of a Workers’ Comp Claim?

Determining whether to file a personal injury lawsuit depends on the circumstances of your injury. It’s essential to consult with a skilled attorney to evaluate your case. A workers’ compensation lawyer at E&L, LLP can help you explore all possible avenues for compensation.

Steps to Take After a Work Injury

  1. File Your Workers’ Compensation Claim:
    Submit a workers’ compensation claim to ensure you receive benefits like medical coverage and wage replacement.
  2. Consult an Attorney:
    If your injury involves employer negligence, third-party liability, or other complex factors, an attorney can help you navigate the process and decide whether to pursue a lawsuit.
  3. Gather Evidence:
    Keep thorough records of:

    • Medical evaluations and treatment
    • Witness statements
    • Photos of the accident scene and injuries
  4. Meet Deadlines:
    Workers’ comp claims and personal injury lawsuits have strict deadlines. Acting promptly ensures you don’t lose your right to pursue compensation.

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(213) 213-0000

What Evidence Do I Need for My Claim?

Having strong evidence is crucial for both workers’ compensation claims and personal injury lawsuits. Collect:

  • Medical Records: Documentation of diagnoses, treatments, and work restrictions.
  • Incident Reports: Details of the accident submitted to your employer.
  • Eyewitness Statements: Testimony from coworkers or others who saw the incident.
  • Photos and Videos: Visual evidence of injuries or unsafe conditions.

When Can I Sue a Third Party?

If a third party is responsible for your injury, you may file a personal injury lawsuit against them while still pursuing workers’ compensation benefits. Examples of third-party liability include:

  • Faulty equipment or machinery (manufacturer liability)
  • Negligent subcontractors
  • Hazardous conditions caused by non-employer entities

Why Choose E&L, LLP?

At E&L, LLP, we understand the physical, emotional, and financial challenges that follow a workplace injury. Our experienced legal team is dedicated to protecting your rights and helping you recover the compensation you deserve.

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(213) 213-0000

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