In 2020, private industry employers reported 2.7 million workplace injuries and illnesses, equating to 2.7 cases per 100 full-time employees, according to the Bureau of Labor Statistics. Tragically, in 2019, 5,333 fatal work injuries were reported. Workplace injuries not only affect physical health but also take an emotional and financial toll on workers and their families.
Fortunately, most employers are legally required to carry workers’ compensation insurance to provide injured workers with immediate relief. This insurance typically covers medical expenses, vocational rehabilitation, and wage replacement benefits. However, navigating the process is often complicated, particularly in severe cases or when preexisting conditions are exacerbated by the injury.
That’s where we come in. If you’ve been injured at work and face difficulties obtaining the compensation you deserve, contact us for a free case evaluation. Our experienced workers’ compensation attorneys can clarify your rights and create a plan to fight for the benefits you’re entitled to.
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Frequently Asked Questions
- What Is a Workplace Injury?
The U.S. Department of Labor defines a workplace injury as any condition caused or significantly aggravated by an event or exposure in the work environment. Examples include sudden accidents, such as slips and falls or being struck by machinery, as well as injuries that develop over time, such as repetitive stress injuries or exposure to hazardous substances like asbestos.
To qualify for workers’ compensation, the injury must occur while on the clock, involve no illegal activity, be reported promptly, and comply with your state’s filing deadlines.
Examples of Non-Qualifying Injuries:
- Slipping and falling in an icy parking lot before clocking in.
- Being hit by a coworker’s car before clocking in.
- Getting into a car accident while picking up personal lunch.
However, exceptions exist. For example, if you’re running an errand for work or dining with a client as part of your job duties, injuries sustained during those activities may be covered.
- What Are Your Rights If You Get Injured at Work?
While workers’ compensation laws vary by state, most employees share several common rights:
- The right to file a workers’ compensation claim.
- The right to receive medical treatment.
- The right to return to work after being cleared by a doctor.
- The right to disability wage replacement if unable to work temporarily or permanently.
- The right to appeal a denied claim.
- The right to legal representation.
Additionally, you have the right to refuse employer requests, such as using your personal healthcare or foregoing a workers’ compensation claim in exchange for benefits. Employers are prohibited from harassing or retaliating against employees who exercise their rights.
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- What If I’m Injured by Defective Equipment or a Third Party?
Injuries caused by faulty equipment or third parties may allow you to file a civil lawsuit in addition to a workers’ compensation claim. For example, if defective machinery causes burns or injuries, you could pursue a product liability claim against the manufacturer. Consulting an experienced attorney ensures you explore all potential avenues for compensation.
- How Do I File a Claim If Injured at Work?
- Report the Injury: Notify your supervisor or HR department immediately. Request the necessary claim forms.
- Document Everything: Include dates, times, witnesses, and any evidence, such as photos of the accident.
- Seek Medical Treatment: Visit a doctor promptly to document your injuries. Delays may weaken your claim.
Certain injuries, like repetitive stress injuries or carpal tunnel syndrome, may require additional documentation and proof due to their gradual nature.
- What Are Common Workplace Injuries Covered by Workers’ Compensation?
- Lacerations: Deep cuts often occur in industries like manufacturing or food service.
- Sprains and Strains: Common in jobs requiring heavy lifting.
- Burns: From flames, chemicals, or heated equipment.
- Eye Injuries: Frequent in construction, welding, or repair industries.
- Fractures: Common in jobs involving manual labor or heavy machinery.
- Continuous Trauma: Repeated tasks over time, such as typing or assembly work, can lead to injuries like carpal tunnel syndrome.
- What If My Workers’ Comp Claim Is Denied?
If your claim is denied, it doesn’t mean you’re out of options. Common reasons for denial include:
- Being classified as an independent contractor.
- Working in a non-covered role, like domestic labor or seasonal work.
- Failing to meet deadlines or report the injury promptly.
- Disputes about whether the injury is work-related.
You can appeal a denial by requesting a hearing with your state’s workers’ compensation appeals board. At this stage, having a skilled attorney can significantly improve your chances of success.
- How Can We Help You?
Our attorneys are dedicated to protecting your rights and securing the benefits you deserve. From filing initial claims to appealing denied cases, we are here to help you every step of the way.
We don’t get paid unless we win your case, so you can focus on recovery while we fight for your compensation.
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(213) 213-0000
WE DO NOT GET PAID UNTIL YOU GET PAID. THAT IS OUR GUARANTEE.