Getting injured on the job can have catastrophic consequences for workers. Not only do they face debilitating injuries, but their injuries result in them being unable to work and, therefore, unable to support their families. Fortunately, injured workers have options and may be able to pursue a legal compensation claim. However, understanding your options—and which one may be right for you—is vital to your success. A work injury lawyer from Fadduol, Cluff, Hardy & Conaway, P.C. can review your case and help you find a way forward.
Representing Injured Workers in All Types of Claims
Any time that a worker is injured while on the job, there is a good chance that they may be able to pursue a claim for compensation. We have extensive experience in handling a wide variety of work-related injury cases, including the following:
- On-the-job motor vehicle accidents
- Equipment failures
- Injuries caused by workplace machinery
- Injuries resulting from missing or inadequate safety equipment
- Injuries caused by falling objects
- Falls, including both slip, trip, and fall cases, as well as falls from heights
- Overexertion and overuse injuries
- Acts of violence
- Injuries sustained as a result of toxic substances or materials
- Explosions, fires, and electrocutions
Whatever caused your injury, whether it resulted from a workplace accident or developed over time, a work injury lawyer from our firm can help you get the compensation you need to rebuild your life.
Workers injured while performing their duties are typically entitled to workers’ compensation benefits. Workers’ compensation is a no-fault insurance system that provides medical coverage and disability benefits to employees who are injured on the job. This means you do not have to prove that your employer or anyone else was at fault for your injury, and you can receive your compensation much faster than if you were to pursue a personal injury claim.
If you were injured while on the job, you may be entitled to compensation for the following:
- Your medical expenses. Workers’ compensation will pay 100% of your medical expenses related to your injury, including doctor’s visits, surgery, and rehabilitative care.
- Disability benefits. If you are injured on the job and unable to work, you may be entitled to disability benefits to cover up to two-thirds of your lost income. You may be entitled to disability benefits for temporary or permanent disabilities and partial or total disabilities. In other words, if you can only work part-time or in a position that pays less, your disability benefits will still cover two-thirds of your lost income.
These benefits can be a lifeline for injured employees who are unable to work. And while most workers’ compensation claims are approved without issue, some can be rather complex. If you have questions about whether you are entitled to workers’ compensation, a work injury lawyer can assess your case and provide guidance.
Can You Sue Your Employer?
Generally, you cannot pursue a claim against your employer if you pursue a worker’s compensation claim. However, there are certain limited situations where you may be able to pursue a claim against your employer even if your company carries workers’ compensation.
Workers are often motivated to consider claims against their employers because their compensation does not cover all their losses. In exchange for getting their benefits quickly and without having to prove fault, employees give up the opportunity to receive compensation for their lost income or non-economic losses. Understanding your options, including the value of your claim, is critical to making the best decision moving forward. A work injury lawyer from our firm can help you make an informed decision.
In some situations, you may have a claim against a third party who is unrelated to your employer. For example, you may be able to pursue a third-party claim in the following situations:
- You were injured in a car accident while at work
- An independent contractor on the job site caused the accident that resulted in your injury
- Equipment provided or maintained by another company failed
In these situations, you may be able to pursue both a workers’ compensation claim and a claim against the third party. In other words, you may pursue a claim against a third party for any losses not covered by workers’ compensation. However, this will require proving that the third party was at fault, which can be more difficult than many expect. An experienced work injury attorney can help you pursue both your workers’ compensation claim and a claim against any responsible third parties.
The Value of Your Claim
Depending on which option is available to you, you may be entitled to compensation for the following:
- Your current and future medical expenses, including doctor’s visits, surgery and other procedures, rehabilitation, ongoing or in-home care, and medications.
- Modifications to your home or vehicle if they are necessary for you to engage in daily living activities.
- Current and future lost income, including loss of earning capacity and lost income from retirement accounts or pensions
- Your pain and suffering caused by your injury, especially if you have suffered any partial or total disability.
The compensation will vary according to your claim type, and you often have to choose one type of claim at the exclusion of others. As a result, it is important to understand the trade-offs involved. An experienced work injury lawyer can explain the differences, estimate the compensation you may be entitled to, and help you choose the option that best meets your needs.
How a Work Injury Lawyer Can Help
Whichever type of claim you choose to pursue, understand that a significant amount of work will be required just to seek compensation from the insurance companies involved. You will need to document every aspect of your case—from the accident to your injuries and losses, both economic and non-economic. This can be especially challenging for workers who have suffered a severe injury. Assembling the documentation you need can become quickly overwhelming.
In addition to assembling the necessary paperwork, there is back-and-forth communication between you and the insurance company, your employer, and anyone else involved in the case. The volume of phone calls and emails can be difficult to handle and create great anxiety you do not need when focusing on your recovery.
A work injury lawyer can take all this work off your plate. They can gather the evidence you need, speak on your behalf with your employer and the insurance company, and generally take the steps needed to present your claim. They can then guide you through the claim process and subsequent negotiations. They can provide you with the information you need to make an informed decision, including what would be a fair settlement. And, of course, they can guide your case through the legal process if settlement is not an option.
Injured at Work? Contact Fadduol, Cluff, Hardy & Conaway, P.C. Today
If you have been injured at work, you do not have to leave your future in other people’s hands. Take control of the situation by getting an experienced work injury attorney. Contact us today via phone or email to schedule a free consultation to discuss your case and how we can help.