Injured at Work? Exploring Your Legal Options for Compensation

Each year, thousands of employees are injured while performing their job duties. In 2022 alone, the Bureau of Labor Statistics reported 2.8 million nonfatal workplace injuries and illnesses. If you’re one of these individuals, understanding your legal options for compensation is crucial. This blog post will explore the steps you can take to protect your rights and secure the benefits you deserve.

Understanding Workers’ Compensation

Workers’ compensation is a system of benefits established by state law that provides medical care and income replacement to employees who are injured or become ill as a result of their job. In the vast majority of states, workers’ compensation coverage is mandatory. It’s a no-fault system, meaning that benefits are typically provided regardless of who was at fault for the accident or injury. As long as the injury or illness occurred while you were working, you should be eligible for workers’ compensation benefits.

What Does Workers’ Compensation Cover?

Workers’ compensation insurance gives your employees benefits to help them recover from work-related injuries or illnesses.

Medical Expenses: Workers’ compensation covers the costs of medical treatment, including doctor visits, hospital stays, surgeries, physical therapy, prescription medications, and medical equipment.
Wage Replacement: If your injury prevents you from working, workers’ compensation can provide payments to compensate for lost wages while you are recovering. These are known as temporary disability benefits.
Vocational Rehabilitation: If you cannot return to your previous employment because of your injuries, workers’ compensation may cover job training, career counseling, and assistance in finding new employment.
Permanent Disability: If you don’t fully recover and experience a permanent loss of physical or mental function, you may be eligible for permanent disability benefits.
Death Benefits: In the unfortunate event of a fatal work-related injury or illness, workers’ compensation provides death benefits to the deceased worker’s dependents, including funeral and burial expenses.

Common Workplace Injuries

Workplace injuries can range from minor cuts and bruises to severe and life-altering conditions. Some of the most common workplace injuries include:

Slips, Trips, and Falls: These are a leading cause of workplace injuries, often resulting in sprains, fractures, back injuries, or head trauma.
Strains and Sprains: These injuries typically occur when employees try to lift supplies or a delivery without the proper technique or equipment.
Repetitive Strain Injuries (RSI): These injuries are caused by repetitive motions or overuse of certain muscles and tendons, leading to pain and damage. Common examples include carpal tunnel syndrome and tendonitis.
Cuts and Lacerations: These are common in workplaces that involve handling sharp tools or machinery, such as kitchens, workshops, and manufacturing plants.
Burns: Thermal burns (from hot surfaces, steam, and open flames) and chemical burns (from caustic substances) are common injuries. Electrical burns can also occur in jobs involving live wiring or equipment maintenance.
Vehicle-Related Accidents: These include accidents involving forklifts, company cars, or other vehicles used for work purposes.
Falling Objects: Being struck by falling objects can cause head injuries, fractures, and other serious injuries.

Steps to Take After a Workplace Injury

If you’ve been injured at work, it’s crucial to take the following steps to protect your rights and ensure you receive the compensation you deserve:

Seek Medical Attention: Your health is the top priority. Seek immediate medical attention for your injuries. Inform the treating doctor that your injury/illness is work-related.
Report the Injury to Your Employer: Notify your supervisor about the injury and how it occurred as soon as you can, but no later than 30 days after the incident. It is best to give that notice in writing.
File a Workers’ Compensation Claim: To file a workers’ compensation claim, you must complete a claim form and submit it to your employer. Your employer must give or mail you a claim form within one working day after learning about your injury or illness. If your employer doesn’t give you the claim form you can download it from the forms page of the DWC website or contact the Information and Assistance Unit.
Gather Evidence: Collect any evidence related to your injury, such as photographs of the accident scene, witness statements, and medical records.
Follow Your Doctor’s Orders: Adhere to your doctor’s treatment plan and attend all scheduled appointments.
Keep Detailed Records: Maintain a record of all medical treatments, expenses, and lost wages related to your injury.
Consult with a Workers’ Compensation Attorney: A workers’ compensation attorney can help you navigate the claims process, protect your rights, and ensure you receive the full extent of benefits to which you’re entitled.

The Role of a Workers’ Compensation Attorney

A workers’ compensation attorney is a legal professional who is experienced in handling cases related to workers’ compensation claims. Their primary goal is to advocate for injured workers and ensure they receive the benefits they are entitled to under the law.

How a Workers’ Compensation Attorney Can Help:

Navigating the Claims Process: Workers’ compensation claims can involve extensive paperwork and strict deadlines. An attorney can help you fill out an incident report, submit necessary documentation, and meet all requirements for a successful claim.
Protecting Your Rights: A workers’ compensation lawyer guides and supports injured employees throughout the claims process, navigating the complexities of the laws and ensuring their clients receive fair treatment.
Negotiating with Insurance Companies: Often, workers’ compensation claims are initially denied or undervalued by insurance companies. Lawyers negotiate on behalf of the injured worker to ensure they receive fair compensation for medical expenses, lost wages, and any potential ongoing disability.
Appealing Denied Claims: A denied claim doesn’t mean the end of the road. Your lawyer will investigate why the claim was denied, gather additional evidence, and file an appeal on your behalf, giving you a much better chance of success.
Ensuring Proper Medical Treatment: A workers’ compensation lawyer plays a crucial role in ensuring that injured workers receive the appropriate medical care. They connect injured individuals with the necessary healthcare providers and handle the complexities of workers’ compensation insurance to ensure access to essential medical treatment.
Maximizing Your Benefits: A workers’ compensation lawyer’s expertise helps maximize your benefits. These lawyers ensure that injured workers receive fair compensation for medical expenses and lost wages during recovery. For those with permanent injuries that impact their future earning capacity, having a lawyer can result in a settlement that accounts for the long-term effects of the injury.
Representing You in Court: If necessary, your attorney can represent you in court to fight for your rights and secure the compensation you deserve.

Statute of Limitations

It’s important to be aware of the statute of limitations for filing a workers’ compensation claim in your state. The statute of limitations dictates how soon you must file a claim for workers’ compensation benefits after a workplace injury has occurred. Missing your state’s deadline to file a workers’ comp claim could mean losing your right to benefits.

In California, there is a one-year statute of limitations for workers’ compensation claims. In Pennsylvania, the statute of limitations for workers’ compensation claims is three years from the date of injury.

Third-Party Claims

If your injury was caused by someone other than your employer or a co-worker, you may have the right to pursue a third-party claim for damages. For example, if you were injured in a car accident while driving as part of your job, you may be able to file a claim against the at-fault driver.

Don’t Wait, Take Action Today

If you’ve been injured at work, don’t wait to explore your legal options for compensation. Contact a qualified workers’ compensation attorney to discuss your case and learn about your rights. With the right legal representation, you can protect your future and secure the benefits you need to recover and move forward.