Workers Compensation Lawyer
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. When you are fatally injured due to a fall, electrocution, muscle injuries, or other accidents at your workplace, there will be huge medical bills and missed days from work. A workers’ compensation claim covers medical expenses, lost wages, and rehabilitation costs, offering support to employees during recovery.
In many workplaces, workers’ compensation insurance is mandatory to help employees if they are involved in an accident or sustain an injury on the job. A workers’ compensation attorney can guide you through the process, ensuring you receive the maximum benefits.
Let our legal team help you seek the damages to which you are entitled and help navigate potential disputes. Contact our workers’ compensation attorney today to schedule a free consultation.
Table of Contents
Contact our Workers' compensation lawyers to schedule a free consultation. All confidential or sensitive information shared with your Workers' compensation lawyer remains private through an attorney-client relationship.
Statistics on Work-Related Accidents and Injuries
The Occupational Safety and Health Administration (OSHA) reported that there were 5,486 fatal work injuries in 2022, translating to 3.7 fatalities per 100,000 full-time equivalent workers.
The National Safety Council (NSC) found that between 2021 and 2022, the leading causes of Days Away From Work (DAFW) cases were overexertion and bodily reaction with 1,001,440 cases, followed by contact with objects and equipment (780,690 cases), falls, slips, and trips (674,100 cases), and exposure to harmful substances or environments (658,240 cases).
Nearly 2.6 million nonfatal workplace injuries and accidents occur every year in the nation’s private industry.
In 2020, sprains, strains, and tears were the most common workplace injuries in the US, with 266,530 incidents reported.
Nursing assistants face the highest risk of injury, with an injury rate of 370 per 10,000 full-time workers.
Data from the U.S. Bureau of Labor Statistics (BLS) shows that 15% of workplace injuries in the private sector occur in manufacturing roles.
A federal report indicates that in 2019, 1,061 construction workers died, accounting for one in five worker fatalities in the U.S. that year.
Men are injured on the job at a rate of 17.3% higher than women, on average.
Workplace injuries and illnesses cost the US around $250 billion annually.
Consult a workers’ compensation lawyer to take advantage of the claim benefits and ensure your recovery from the accident.
What is a Workers’ Compensation Claim?
Workers’ compensation is a type of accident insurance offered by employers, providing financial coverage for employees who sustain injuries or illnesses in the workplace. Workers’ compensation benefits typically include payment for medical treatment, lost wages due to absence from work, and rehabilitation expenses.
The process for filing a workers’ compensation claim can vary by jurisdiction and can sometimes be complex, involving paperwork, deadlines, and potential disputes. If you face challenges, consult workers’ compensation lawyers who can guide you through the process and work to secure the benefits you deserve.
What Includes in Workers’ Compensation Benefits?
Workers’ compensation system supports public and private sector employees who suffer workplace injuries. Typically, workers’ compensation benefits include coverage for lost wages and medical expenses such as doctor’s visits, hospital stays, and prescriptions. In some cases, travel expenses to and from medical appointments may also be covered.
If a workplace injury prevents you from working, workers’ compensation offers four types of wage replacement benefits based on the severity of the injury:
- Temporary Total Disability (TTD): Provides two-thirds of your pre-injury wage if you’re temporarily unable to work.
- Temporary Partial Disability (TPD): Offers two-thirds of the wage difference if you can work in a reduced capacity for up to 300 weeks.
- Permanent Total Disability (PTD): Compensates you with two-thirds of your pre-injury wage for up to 500 weeks if you’re unable to work permanently.
- Permanent Partial Disability (PPD): Covers specific injuries such as loss of a limb, offering two-thirds of your previous weekly wage for a set number of weeks.
Injured workers may also access rehabilitation benefits such as job placement and vocational training. Consulting experienced workers’ compensation lawyers can help you understand your eligibility for workers’ compensation benefits and secure the support you need.
Types of Workplace Accidents That Cause Injuries
Workplace injuries commonly occur in construction, manufacturing, healthcare, and transportation and warehousing industries. Construction workers face risks from falls, machinery handling, transport vehicles, and heavy lifting accidents.
Types of accidents that cause serious workplace injuries include:
- Slip and trip accidents: Often due to wet floors, uneven surfaces, or cluttered workspaces.
- Falls from heights: Occur when working on ladders, scaffolding, or elevated areas.
- Machinery accidents: Include entanglements, cuts, or amputations from improper use or equipment malfunctions.
- Manual handling accidents: Result from lifting heavy objects or repetitive movements, causing back injuries and musculoskeletal disorders.
- Exposure to hazardous substances: Can cause respiratory problems, burns, or skin irritations.
- Loud noise exposure: May lead to hearing loss in noisy work environments.
- Eye injuries: Caused by flying debris, chemicals, or bright lights.
- Vehicle accidents: Involve collisions or crashes with forklifts or company vehicles.
If you have been harmed at your workplace, our workers’ compensation lawyer will help injured workers seek fair compensation through a claim.
What Are the Common Injuries in Workers’ Compensation Claims?
Workplace accidents can lead to a variety of injuries that may become the basis for workers’ compensation claims. Below are the different injuries resulting from workplace accidents include:
- Fractures from falls or impacts.
- Sprains and strains caused by overexertion or improper lifting.
- Lacerations from sharp tools or machinery.
- Burns from exposure to fire, chemicals, or hot surfaces.
- Back injuries often resulting from heavy lifting or poor ergonomics.
- Repetitive strain injuries like carpal tunnel syndrome from repeated motions.
- Hearing loss from loud noises.
- Respiratory issues due to inhaling toxic fumes or dust.
- Eye injuries from particles, chemicals, or bright lights.
- Amputations caused by severe injuries from machinery or equipment.
Injured workers may face challenges when filing claims, such as proving the injury occurred at work and are directly related to their job duties. An experienced workers’ compensation attorney can gather evidence, such as medical records, eyewitness testimony, and workplace safety reports, to establish a strong case for the claim. By demonstrating the direct link between the injury and the workplace, the workers’ compensation lawyer can help the injured worker obtain the benefits they deserve.
Steps to Take After a Workplace Injury
After experiencing a work-related injury or occupational illness, it’s essential to protect your rights and ensure you receive the appropriate workers’ compensation benefits. Here’s what you should do before hiring a workers’ compensation lawyer:
- Seek medical treatment right away to document your workplace’s injuries or condition. Your employer may ask you to choose a doctor from an approved list of providers.
- Collect evidence from the workplace accident scene, such as photos or videos, and speak with any witnesses.
- Inform your employer of the workplace injury or illness as soon as possible so they can file your claim with the workers’ compensation insurer.
- Maintain records of your pay stubs, wage documents, and receipts of medical bills related to your injury.
- Adhere to your doctor’s treatment plan closely. Missing appointments or therapy sessions may lead insurers to doubt the severity of your injuries.
Finally, seek advice from workers’ compensation lawyers to understand your rights and discuss the next steps for securing the full benefits you deserve.
How to File a Workers’ Compensation Claim?
When filing a workers’ compensation claim, you must provide detailed information on the claim form. This document is referred to as the “First Report of Injury.”
A first report of injury includes:
- Type of injury sustained and the areas of the body affected
- Date, time, and location of the injury
- Individuals involved in the accident
- Description of how the work-related accident occurred
- List of any medical treatment you have received
To file a workers’ compensation claim due to a workplace injury, inform healthcare providers that your injury is work-related and keep thorough records of treatments and expenses. Then, promptly notify your employer in writing of your injury and keep a copy for your records. For example, in Illinois, an injured employee must report the injury within 45 days of the accident or discovery.
Your employer should provide the First Report of Injury form, which they will complete and submit to their insurance company. Once your claim is filed, you will receive information from the insurance company about whether your claim is accepted or denied and details on the financial compensation you may receive.
If your claim is denied or you are not receiving the appropriate benefits, you can file an Application for Adjustment of Claim with the Workers’ Compensation Board. Although you are not required to seek assistance from a workers’ compensation lawyer, hiring them would simplify the process and reduce the risk of errors.
Filing Third-Party Liability Claims for Workplace Accidents
If you are injured at work, you may be entitled to file a workers’ compensation claim to cover medical expenses and lost wages. However, in some workplace accident cases, you may also have the option to file a third-party lawsuit against a party other than your employer who may be liable for your injury. This could include a motor vehicle driver, contractor, equipment manufacturer, property owner, or another party whose negligence contributed to the injury.
A third-party lawsuit can provide additional compensation beyond what is covered by workers’ compensation, including pain and suffering. You should consult an experienced personal injury attorney to evaluate your case and identify all potential claims.
Keep in mind that filing a third-party lawsuit does not affect your eligibility for workers’ compensation benefits, so you may pursue both simultaneously. It’s crucial to understand the statute of limitations and other legal requirements with the help of a workers’ compensation lawyer to ensure you file your claim in a timely manner.
Schedule a Free Consultation With an Experienced Workers’ Compensation Lawyer
Workers’ compensation is crucial for protecting your well-being and financial stability after a workplace injury. Have you suffered serious injuries in the workplace due to negligence or poor safety practices? Are you not receiving fair benefits from your workers’ compensation claim? If so, our skilled workers’ compensation lawyer is here to help you.
Workers’ compensation attorneys at the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, can offer valuable guidance and representation to clients who are facing challenges with their claims. We will ensure that you receive medical care, wage replacement, and other benefits necessary for your recovery.
Contact our law firm at (888) 424-5757 to schedule a free consultation today. We accept all workers’ compensation claims on a contingency fee basis; meaning you will pay no upfront fees until your attorney resolves your claim.