Employees who suffer injuries are entitled to certain benefits and compensation for their losses. The dollar amount you have a right to receive for your injures is predicated on factors unique to each and every case. Those factors may include the extend and severity of your injuries, the length of time for your injuries to subside, whether there are any long term disabilities present and presence of parties other than your employer which may have caused the accident.
Steps You Need to Take – What Should I Do Following an Accident or Injury In the Workplace
Step Number One: Notify your employer and make sure there is an incident or accident report taken. Make you there is ample documentation of the accident.
Step Number Two: File a workers compensation claim. If you have any questions regarding the filing process please contact us.
Step Number Three: Compliance with the employer or insurance carrier.
Step Number Four: After reaching MMI – Maximum Medical Improvement you will need to undergo a new doctor evaluation.
Step Number Five: If your workers comp case has been
Industrial and Workplace Accident Practice Areas: Some of the most common types of workplace accidents include the following:
- Plant explosions
- Accident caused by motor vehicles
- Accidents cause by defective machinery and tools
- Health and safety violations resulting in injuries
- Exposure to toxic materials including asbestos caner related claims
- Repetative motion injuries
- Slip and fall – Trip and fall injuries
- Falling objects
- Workplace violence – sexual assault and battery claims
- Construction site accidents
- Workers compensation benefits
- Brain injuries and spinal cord injuries
- Loss of hearing and tinnitus claims
- Stress related injuries – Bullying and battery claims
- Contraction of a disease or illness due to long term exposure
- Aggravation of a prior injury
- Mental health injuries including the development of PTSD
Injuries in the Workplace and 3rd Party Liability
In incidents where the accident was caused by an entity other than then the employer a victim will have the right to pursue a bifurcated claim. Generally, the vast majority of bifurcated claims are based on a negligence based cause of action. There are 5 elements which need to be shown in order to proved a negligence based lawsuit.
- Duty: Generally every person owes another a reasonable duty of care based on the circumstances.
- Breach: Breach of a duty care owed to another person.
- Causation: the breach of duty of care needs to have been a cause of the accident that took place.
- Damages: There needs to have been actionable and documented injuries and damages.
Another common cause of action is bifurcated workers compensation claims defective products claims.
There are numerous injuries which can befall a victim of a workplace accident. Some of the most common injuries include the following.
- Injuries to the spinal cord – including disc bulges, rupture discs, spinal cord impingement, paraplegia and quadriplegia.
- Brain injuries – this category of injury can range from a mild concussion to a severe traumatic brain damage caused by blunt force trauma.
- Repetitive motion injuries and overexertion cause by lifting or lowering heavy weight
- Electrocutions and drowning.
- Crushing and de-gloving injuries – by industrial machinery
NO FEE Attorney Consultation Available: If you have any further questions or if you would like to start your claim please feel free to contact our offices. We are available 24/7 and all consultations are conducted by our dedicated attorneys free of charge.