Workplace Injury Lawsuit In 2024 | Steps in Getting Fair Compensation
Despite our continuous efforts to prevent common injuries, accidents still happen, and the workplace is no exception. If you or someone you know suffered an injury at work, know that you could be eligible to file either a workers’ compensation claim or a workplace injury lawsuit 2024.
Whether you’re an employee who lost wages from being injured on the job or your relative is an employee who died from a work-related injury, a workplace injury lawsuit in Philadelphia will help you get maximum benefits. An injured at work claim works accurately alongside the employee and their family’s needs.
Workplace injury statistics
According to the U.S. Bureau of Labor Statistics, more than 2.8 million work-related accidents cause non-fatal injuries each year. In 2019, 5,333 U.S. workers died due to workplace accidents. In addition, the overall injury rate of an employee injured at work for the U.S. workforce in 2019 was found to be 2.8 per 100 people.
Steps to take immediately after an injury at work
Here’s what you should do right after you get injured in your workplace.
Regardless of the extent of your injury at work, it is important first to talk to your supervisor. They will have all the paperwork you will need to fill out. In addition, some states require the workers to file an accident report by a specific deadline. Discussing your case with your supervisor will let you know what rules and steps to follow moving forward.
Even for minor injuries, make arrangements to get immediate medical attention. During your appointment, tell your healthcare worker precisely what happened. Ensure to list the symptoms you are experiencing – all of them! The doctor will make a record of what happened and help build your worker’s compensation claim.
If possible, return to the scene of the accident as soon as possible as there are higher chances that someone can clean up the scene of the accident.
It’s common to forget certain details in the days or weeks after the injury. Therefore, it’s better to keep a record while the memory is still fresh. It will also help you get a fair workplace injury lawsuit settlement. For instance, record:
- The place of the accident.
- The date and time of the accident.
- What you were doing when the injury occurred.
- All the names and contact information of those who witnessed the incident.
Note: Your employer might argue that you didn’t get hurt at work. So, ensure to file your official report!
Around 65 million Americans have reported a recent episode of back pain. Similarly, another 16 million have reported chronic back pain that limits everyday activities. Whether your injury is developed over time or incurred due to an accident, filing a workers’ comp claim is your next important move. Filing your claim immediately will also ensure you don’t miss the deadline.
Try to find the best workplace injury lawyers in Philadelphia. Their prior experience and skills will strengthen your case as they are updated with the latest laws, rules, and jurisprudence. Take references from a reputable law firm like Ethan Ostroff Law to find the most suitable workers comp lawyer to handle your case.
When you are injured at work, keeping a written record of everything, including all your expenses and losses, is vital. This will help you build a strong worker’s compensation claim.
Start by tracking the days you were absent from work. Then, track all the expenses related to your medical treatments. The best workplace injury lawyers will use your notes to calculate your losses and help you fight for the compensation you deserve.
Types of employees covered in a workplace injury lawsuit
Most types of employees are covered by workplace injury lawsuit. However, some states commonly exclude some workers from coverage. These workers include:
- Business owners.
- Casual workers.
- Employees of private homes.
- Farmworkers and farmhands.
- Independent contractors.
- Maritime employees.
- Railroad employees.
Meanwhile, federal government employees are covered under the federal workers’ compensation insurance program. Hence, they are not covered by the state workers’ compensation. Nevertheless, some states don’t allow employees to file a lawsuit for workplace injury against employers with fewer than 3 to 5 employees working for them. This rule varies from state to state. It is best to speak with a personal injury and worker’s compensation lawyer to understand the nuances of filing a claim.
Accidents that are not covered by worker’s compensation
Workers’ compensation insurance is particularly designed to cover work injuries. Although the range of injuries and situations covered is broad, there are certain limits.
For instance, a state can impose drug and alcohol testing on injured employees. Then, they can stop the employee from filing a lawsuit against the employer for a workplace injury if the tests show that the employee was under the influence at the time of the injury.
Compensation may also be denied if:
- The worker was not performing his usual work.
- The accident occurred because the employee broke the law.
- The injury was self-inflicted.
Types of expenses covered by worker's injury lawsuit
Although the payments are usually modest, workers’ compensation insurance covers:
- Benefits to survivors of workers who are killed on the job.
- Compensation for any permanent injuries.
- Costs for re-training.
- Medical care from the injury or illness.
- Replacement income.
Most common workplace injuries
As per the U.S. Bureau of Labor Statistics from 2019, there were 327, 650 cases of employees who had injuries at work in 2019. The most common workplace injuries were strains, sprains, and tears. Other common work-related accidents include overexertion, bodily reaction, and contact with equipment or objects. All these common workplace accidents are responsible for 84% of nonfatal work injuries.
Compensation for work-related injuries
If you had been injured at work, it is likely that you have spent your own money on your medical expenses and daily sustenance while out sick. In addition, you probably had to stop earning money for yourself and your family. For all these losses and damage, you are entitled to compensation.
An employee injured at work is eligible for coverage under their employer’s worker’s compensation insurance. The compensation can cover lost wages, medical treatment, and several disfigurements and scarring.
Can I get compensation for long-term and permanent injuries?
Yes. You can file a workplace injury lawsuit not just for accidents in the workplace but also for injuries you sustained over the course of your job. This means you are entitled to compensation for issues and illnesses you developed over a long period for doing the same injurious activity at work.
Common examples are carpal tunnel syndrome or back problems from repetitive movement. Moreover, some workers are exposed to hazardous chemicals or substances over time, and the effects may not be known for years.
Important points to note
- If a person collects worker’s compensation benefits, he cannot sue his employer anymore. He cannot be compensated twice.
- The worker’s compensation benefits do not cover pain and suffering.
- Wage replacement is usually two-thirds of the worker’s average wage, but there is a fixed maximum amount that the benefits cannot go over.
- The benefits may seem modest; however, they are not subject to tax.
- As long as the employee was making a fair wage, they should have no major problems.
- The eligibility for wage replacement starts immediately after a few days of work are missed due to a particular injury or illness.
- You might have to take off work if advised by doctors and approved by the worker’s compensation system or your employer. Additionally, the doctors may decide when you can return to work (whether light duty or full duty).
Contact Ethen Ostroff Law Firm Today!
Before filing a claim, it’s a good idea to consult with a workplace injury attorney with extensive experience handling worker’s compensation claims. Aside from analyzing your case, Ethen Ostroff Law will also help you get access to the highly skilled and experienced workplace injury lawyers in Philadelphia. The top lawyers can help you determine all the benefits you might be entitled to receive.
Call Ethen Ostroff at 610-510-8883 for the right legal perspective of your case at hand.