What Should I Tell My Insurance Company After an Accident?
November 8, 2023
Workers’ Compensation
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A work-related accident can be quite confusing, painful and emotional. It can also lead to lost wages, uncertainty and stress. Keep in mind that your job is your livelihood. So, if someone else’s negligence takes that away from you, you may be entitled to compensation in addition to your conventional workers’ compensation benefits.
So, if you or your loved one has been injured at the workplace, you need a highly experienced workers’ compensation lawyer by your side to fight for your rights.
At Legal Giant, we are always ready to connect you with a local workers’ compensation lawyer who understands your state laws well and is prepared to help you fight for justice. Keep in mind that your workers’ compensation case can be quite complicated.
Therefore, you need to work with a legal expert who can answer your questions and guide you on the next steps to take. Contact us today to get connected with a workers’ compensation attorney near you.
Work Injury Statistics – Understanding the Magnitude of the Problem
No matter where you work or what you do for a living, there is always a real risk of getting injured. Each year, workers in almost all occupations get injured or fall sick while at the workplace, with many of them experiencing life-changing injuries.
In fact, some employees are fully exposed to life-threatening conditions due to a wide range of factors beyond their control.
According to the U.S Bureau of Labor Statistics, approximately three people per 100 full-time workers suffer workplace injuries every year. Although the figures have been dropping steadily since 2018, the total number of workplace injuries reported every year is still worrying.
The BLS’s workplace injury statistics published in 2021 show that the following occupations recorded the highest workplace injuries per 10,000 full-time workers. Most notably, the incidence rates for the ten occupations highlighted below were higher in 2021 than in 2020.
The occupations with the highest incidence rates of workplace injuries in 2021 included:
- Heavy truck and track-trailer drivers.
- Nursing assistants.
- Maintenance and repair workers.
- Laborer and freight, material, and stock movers.
- Light truck drivers.
- Retail salespersons.
- Stockers and order fillers.
- Construction laborers.
- Janitors and cleaners.
- Registered nurses.
The occupations with the most workplace non-fatal injuries and illnesses include healthcare and social assistance, transportation, wholesale trade, accommodation and food services, retail trade, and administrative services.
The states with the highest number of non-fatal workplace injuries and illnesses include California, Michigan, Alaska, Nebraska, Kentucky, Kansas, Indiana, Iowa, Montana, Minnesota, and Oregon.
The most common workplace injuries from the 2021 data include sprains and tears, cruises and contusions, bone fractures, soreness, cuts, lacerations, and punctures.
How Do Workplace Injuries Happen?
A workplace injury can happen anywhere, anytime. Whether you work at a restaurant or construction site, you are always at risk of suffering a workplace-related injury. These accidents may be caused by several factors, including:
- Failure to follow proper procedures.
- Unsafe working conditions.
- Inadequate training and supervision.
- A negligent subcontractor or associated business.
- Involved in a car accident while driving a company car.
- Faulty or defective machine parts or products.
Workers' Compensation vs Personal Injury
When you are injured at work, you might be wondering what type of legal claim you should file. This is a common question for many people unfamiliar with the workers’ compensation system.
Workers’ compensation is a no-fault insurance system that provides benefits to employees who are injured or become ill as a result of their job. The benefits available under workers’ compensation vary from state to state but typically include medical expenses, income replacement, and death benefits.
Personal injury is a civil claim that can be filed by an employee who is injured outside of the workplace. This claim may be filed against the employer or another party, such as a subcontractor.
The benefits available under a personal injury claim vary, but typically include medical expenses, income replacement, pain and suffering, and punitive damages.
Workers’ Compensation Laws
Each state has its own set of workers’ compensation laws that govern how employees seek compensation for workplace injuries and illnesses. However, the basic premise is the same in all states.
Employees who suffer an on-the-job injury or illness are typically entitled to workers’ compensation benefits, including medical expenses, income replacement, and death benefits.
To be eligible for workers’ compensation benefits, you must file a claim with your employer or the insurance company covering workplace injuries. The claim must be filed within a specific time limit, usually within a few weeks of the injury.
Workers’ compensation laws can be complicated, so it is essential to speak with an experienced attorney if you have been injured on the job.
The Importance of Reporting Workplace Injuries
It is essential to report any workplace injury or illness as soon as possible. Failing to report an injury can result in loss of benefits and may also jeopardize your case if you decide to file a workers’ compensation claim.
If you are injured at work, report the injury to your supervisor and seek medical attention right away. Then, contact an experienced workers’ compensation attorney to discuss your case in detail.
Does Blame Matter in Workers' Compensation Cases?
In most cases, blame doesn’t matter in workers’ compensation cases. Workers’ compensation is a no-fault system, which means that employees are typically entitled to benefits regardless of who was at fault for the injury.
It means that workers’ compensation cases can take years because the insurance company will fight hard not to pay the compensation. There will also be issues surrounding the fair compensation amount you are entitled to as the victim.
It is widespread for such cases to go all the way to the trial stage before a jury. One of the best ways of fast-tracking your workers’ compensation case is by ignoring the issue of blame altogether.
As long as the injury happened at work while you were working, then you are fully entitled to compensation. Some states, such as Florida, have even come up with a compensation calculation formula to help fast track the process.
Third-Party Negligence Claims
Third-party negligence might arise in workers’ compensation cases if a product was defective, resulting in injuries. For example, if you are injured by a machine that was not properly maintained, you may be able to file a third-party negligence claim against the manufacturer of the machine.
To file a third-party negligence claim, you must show that the defendant was negligent and that their negligence caused your injury. Negligence can be difficult to prove, so it is essential to speak with an experienced attorney if you have been injured by a defective product.
How Can a Workers' Compensation Lawyer Help You?
If you have been injured on the job, it is crucial to speak with an experienced workers’ compensation lawyer. A lawyer can help you understand your rights under workers’ compensation law and help you file a claim for benefits.
If your claim is denied, a lawyer can help you appeal the decision and can represent you in court if necessary. A lawyer will also help you negotiate with the insurance company to get the best possible settlement.
Your attorney will gather all the evidence necessary to prove your case and will work to get you the benefits you deserve. They will assess your case for free and can help you get the medical care and income replacement you need while your case is pending.
When you hire an experienced attorney, you have someone on your side. Your lawyer will not allow anyone to take advantage of you throughout the process and work hard to get you the compensation you deserve.
Can My Employer Fire Me for Filing a Workers' Compensation Claim?
No, your employer cannot fire you for filing a workers’ compensation claim. Filing a workers’ compensation claim is a protected process, and employers cannot retaliate against employees who file claims.
If you are fired or retaliated against for filing a workers’ compensation claim, you may have a separate legal claim against your employer.
However, your employer can terminate your employment amicably if your injuries are so severe that you cannot return to work. Be sure to speak with an experienced workers’ compensation lawyer for more information.
Injured at Work? Get a Free Case Evaluation
If you have been injured at work, you should speak with an experienced workers’ compensation attorney to discuss your case. You can get a free case evaluation from the attorneys at Legal Giant.
Keep in mind that the workers’ compensation laws vary from state to state, so it is crucial to speak with an attorney who is familiar with the laws in your state.
Contact us today to speak to an experienced workers’ compensation attorney near you.
