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Workplace injuries are quite common in America. Recent research has shown that around 2.8 million injuries occurred in private industries alone in 2023, and 5,190 fatal injuries were reported in 2021. If you have been involved in a workplace accident resulting in minor or fatal injuries, you can invoke your constitutional rights and seek worker’s compensation or a lawsuit. You may be wondering which of the two options addresses your damages the best, what to do next, and whether you qualify for monetary reimbursement in the first place. Let’s understand the structure and circumstances surrounding workplace injuries.
Fighting for a claim requires extensive knowledge and experience. Without legal expertise, you significantly diminish your chances of suing the responsible employer or corporate authorities. Consult a lawyer to help you evaluate your chances while maximizing your compensation. Visit fightingforfairness.com to read more about workers’ compensation.
Worker’s Compensation vs. Personal Injury Claims:
Personal injury claims occur when an employee gets hurt due to someone else’s negligence or intentional actions. If this scenario defines your condition, you can file a personal injury claim with the help of an attorney to get reimbursement for your medical expenses, lost wages, doctor’s bills, pain, suffering, and other significant losses. You must establish that the opposing party was at fault and responsible for your injuries to receive any payout.
On the other hand, worker’s compensation refers to employees’ injuries and occupational illnesses that occur during work hours and at the workplace. The injured worker doesn’t need to establish the fault of the liable employer to gain any monetary benefits. Instead, they are entitled to compensation that covers medical costs, lost wages, and rehabilitation expenses.
Do I qualify for worker’s compensation if I get injured during work hours?
Despite the name, worker’s compensation doesn’t offer its benefits to everyone. Temporary, seasonal, full-time, and part-time workers are usually covered. Worker’s compensation provides assurances to interns, apprentices, and student workers in certain states.
However, worker’s compensation is not open to volunteers, domestic helpers, or agricultural laborers.
Having a work-related injury or getting injured while performing work duties doesn’t automatically mean you can claim worker’s compensation. Certain factors must be met to qualify. The injury must be linked to your work-related duties and operational activities.
- On-the-job accidents: Falls, slips, machine malfunctions, or unforeseen events during work hours.
- Repetitive injuries: Prolonged strain due to long hours of typing, heavy lifting, and resulting back pain or carpal tunnel syndrome from work duties.
- Occupational diseases: Exposure to toxic substances, hazardous chemicals, loud noise, or asbestos.
Even if you fall outside the standard employee category or work as an independent contractor, you may still be able to sue the responsible party for your incurred damages and losses. Consult an expert attorney to guide you.
What to Do When You Experience a Workplace Accident?
Workplace injuries can leave you in a devastated state, causing physical harm and confusion. It might be overwhelming to stand up against the authorities who employ you, but avoiding legal action won’t help or improve your condition. You must file a personal injury claim or pursue a worker’s compensation claim to recover from your financial, health, or emotional losses. Take every step cautiously, as even an unintentional mistake can jeopardize your case.
Contact a work injury attorney: They will know how to gather the necessary evidence, communicate with insurers and the defendant, and guide you through every step of your personal injury claim.
Keep documentation: Keep tabs on all your medical bills, treatments, and other financial losses. It is advisable to keep a journal of notes detailing every aspect of the accident and its aftermath.
