Each day, millions of Americans leave their homes for work. When they arrive, they have the right to operate within a safe environment free of unnecessary hazards. Despite the regulations and best intentions of employers, workplace accidents are still common. According to the most recent report for the Bureau of Labor Statistics, there were roughly 2.8 million non-fatal work accidents in the United States. Out of these work accidents, employees spent a median number of 8 days away from work for recovery.
Regardless of the severity of any work-related injury, employees are entitled to receive the appropriate care and compensation. This is typically covered in some form by workers’ compensation insurance. There are occasions where workers’ compensation falls short and does not cover the full extent of lost wages or earning potential. In those cases, the pursuit of a claim against the responsible negligent party may be appropriate. Work accidents lawyers are invaluable in these cases.
What are some common causes of work accidents?
Common causes for injury within the workplace, the three most common types of injuries are sprains/strains/tears, soreness/pain, or cuts/lacerations. While these types of injuries can initially appear minor, there are instances where symptoms do not develop immediately and instead show reason for concern at a later date. Most commonly, workplace injuries occur within the construction, manufacturing, transportation, maintenance, and service industries.
Work accidents can happen for any number of reasons, but typically the causes trace back in some way to:
- Inadequate training
- insufficient staffing
- improper or insufficient safety gear
- Poorly maintained equipment or machinery
- OSHA violations
- Falling objects
- Chemical or hazardous material exposure
What are my rights if I get injured at work?
You have a legal right to file a workers compensation claim with your employer whenever injured on the job. This also depends on if they are carrying workers’ compensation insurance, which most employers in high-risk industries do. In addition to the workers’ compensation claim, you have the right to file a work accident or injury lawsuit against someone involved with your injury, such as the business owner, contractor, or another employee.
Who is at fault for a workplace injury?
There are several factors that go into determining who is ultimately at fault for a workplace injury, but prior to any incident your employer has a duty of care to foster a safe environment for you to carry out the required duties of your job. Often when an employer is negligent in providing a safe environment through subpar hiring practices, poor training, inadequate training, they can be found at fault for the resulting injuries following their negligence.
Who is liable for work accidents?
When determining the party at fault for a workplace injury or workplace accident, many factors can be at play. The employers themselves can be the responsible party. A third-party designer or manufacturer may share the blame for the accident. Even another person faces liability if shown to have exercised negligence leading to the injury. In these cases, a third-party claim is filed outside of the normal workers’ compensation arena and instead settled in civil courts on the state or federal level.
What should I do if I get injured at work?
If you are in the unfortunate situation of experiencing an injury while on the job, you should stop working immediately and report the injury to a supervisor. You may also need to seek medical treatment based on the accident or injury. You are not under any obligation to give a formal written statement to your employer without first speaking with a work accidents lawyer.
Once you are able, you should document the events surrounding the accident in as much detail as possible. A strong written account of the event while it is still fresh can be beneficial during any future claims or litigation. Taking pictures of the worksite and any relevant surroundings is also a good idea. You want to help paint the clearest picture possible. It is important to find any information pointing to the root cause of the injury and determine who is ultimately at fault for the injury.
How long do I have to report a workplace injury?
In the state of Louisiana, you have a statute of limitations of one year to file a workers’ compensation claim. You must report the initial workp[lace accident or injury to your employer immediately.
Do I have to see a doctor that my employer chooses?
Your employer has the right to designate a physician for you after your workplace injury.
When should I hire a work accidents lawyer?
Utilizing the expertise of an experienced workplace accident attorney can prove to be critical in protecting your worker’s rights. Obtaining quality representation at the outset of the process is an excellent first step in protecting your best interests. The attorneys at Gordon and Gordon are here to help you ensure that the compensation for your injuries is fair.
Do I have to leave my job if I hire a workplace accident lawyer?
You are under no legal obligation to leave your place of employment.
How much does a workplace accident lawyer cost?
While the cost of litigation depends on many factors, hiring a skilled work accidents lawyer should not cost you anything. At Gordon and Gordon, workers’ compensation and injury claims are taken on a contingency fee basis.
Will hiring an work accidents lawyer affect my workers’ compensation benefits?
It is possible you are required to pay some of your workers’ compensation benefits back if you receive a settlement. Any settlement could also affect your SSD benefits. This is something to discuss with the attorneys at Gordon and Gordon.
Contact Gordon and Gordon today if you or someone you know has suffered a workplace injury
If you or someone you know has been the victim of an injury or accident within the workplace, please contact the work accidents lawyers at Gordon and Gordon. Call us at 318-716-HELP or send us an email. Our firm accepts inquiries 24 hours a day, 7 days a week.