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When It’s Time to Hire a Workplace Accident Attorney
Filing a workers’ compensation claim is often a more complex process than it should be, and what happens after may directly affect you and your family for a lifetime. Your employer may try to avoid having to pay you when you file for workers’ compensation, and if they do pay out, it will likely be far less than you could have received had you contacted a work injury attorney and explored your options.
The work accident lawyers at Avrek Law Firm provide you with the experience and knowledge to dig deep during workplace accident investigations and assess who was at fault. We know how to obtain the needed documents and witnesses to help prove liability and have access to the very best medical experts to help establish the full extent of injuries.
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What to do After a Workplace Injury Accident
First and foremost, you should get the medical care you need right away. As for your legal rights, each state’s laws can be different from the next. For example, California law protects injured workers by providing workers’ compensation benefits for medical bills, and for temporary or permanent disabilities. Fault is not at issue, and all that is required is that a worker suffers an injury while at work. This may not be the case in all states, which is why it’s important to speak with the best work injury attorney as soon as possible to determine the specifics of your claim.
If you have been injured on the job, it’s important to report your injury right away to your employer. If a work-related injury or illness developed over time, you should report it as soon as you believe it was caused by your job. Promptly reporting a work-related injury helps prevent problems and delays in receiving benefits, including any medical care you may need. If your employer does not learn about your injury within 30 days and this prevents it from fully investigating the injury and how you were injured, you could lose your right to receive workers’ compensation benefits.
Causes of Worksite Accidents
Unsafe behavior can lead to work-related accidents, including:
- Failing to warn others of dangers
- Driving carelessly
- Failing to take safety precautions when operating heavy equipment
- Using unreasonably dangerous equipment
Unsafe conditions can also cause job injuries, including:
- Inadequate or missing machine guards
- Defective tools or equipment
- Fire hazards
- Exposure to toxic substances
- Poor ventilation
- Poor lighting
- Deficient safety measures
While careless behavior is not limited to any specific types of jobs or workplaces, more common work-related injuries include: construction site accidents, factory accidents, industrial accidents and auto accidents.
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Hiring a Workplace Accident Lawyer
A personal injury claim typically includes compensation for medical bills, lost wages, and pain and suffering. Compensation varies from case to case, and will depend on a number of factors, including the severity of an injury, the level of disability, and the length of recovery time. A construction worker, for example, will have a claim for substantial damages if he fractured his hips and legs when scaffolding collapsed, underwent extensive physical therapy, and was left with a permanent limp.
While you aren’t required to have a work accident attorney to represent you in a work injury claim, it is always a good idea to consult with one. A worker injury lawyer can help you in many ways, such as ensuring that you meet all deadlines and sorting the details of your claim.
If you have suffered injuries in a worksite accident, you owe it to yourself to contact an experienced work injury lawyer who can help you assess your legal rights. With more than 30 years of combined experience, Avrek Law Firm’s work accident attorneys help injured workers obtain full compensation for their injuries. We offer a free case consultation to discuss the details of your case, and you don’t pay us a penny until we win!
For a free case review, call our office or complete the online form today.
Frequently Asked Questions
First and foremost, you should get the medical care you need right away. Regarding your legal rights, many states protect injured workers by providing workers’ compensation benefits for medical bills, as well as for temporary or permanent disabilities.
If you have been injured on the job, it is important to report your injury to your employer immediately. If a work-related injury or illness developed over time, you should report this as soon as you believe it was caused by your job. Promptly reporting a work-related injury helps prevent problems and delays in receiving benefits, including any medical care you may need. If your employer does not learn about your injury within a certain period of time, and a full investigation of the injury and how it was caused is prevented, you could lose your right to receive workers’ compensation benefits.
The most important document you need to complete and submit is the Workers’ Compensation Claim Form (DWC1). Your employer must hand or mail to you the DWC1 Form within one day of reporting your injury. This form opens your workers’ compensation case and starts the process for determining what benefits you are entitled to under the law.
In general, workers’ compensation provides five essential benefits:
- Medical care to help you recover from an injury suffered on the job
- Temporary disability payments for lost wages while away from work
- Permanent disability payments
- Vouchers to help pay for retraining or skills enhancement if you do not recover completely and do not return to work for your employer
- Death benefit payments to your spouse, children and other dependents
No. However, sometimes a case can be made that an independent contractor is actually an employee, which would make them eligible to receive workers’ compensation.
You may have a personal injury claim if you are injured by a third party such as a worker not employed by your employer or a company that manufactures a defective machine or tool. For example, a subcontractor on a construction site who is injured when struck by carelessly operated heavy equipment can sure the employer of the equipment operator. Another example is when a worker is injured by a machine that fails to work properly or is inherently dangerous. The worker can pursue a products liability lawsuit against the manufacturer of the machine.
A personal injury claim is based on the law of negligence. To prove liability, you must demonstrate that someone acted carelessly under the circumstances, and that the careless action caused your injuries. Your damages would likely be comprised of medical bills, lost past and future wages and pain and suffering.
No, you can pursue both a personal injury claim and workers’ compensation. Employees are entitled to benefits for work-related injuries regardless of fault. A personal injury claim against a third party is separate from a workers’ compensation claim.