What accident lawyers want you to know about claiming work injury compensation?

In some occupations — like freight movers, police officers, truck drivers (tractor-trailer and delivery), and workers at industrial workplaces and construction sites - 5% of workers are severely injured. And things aren’t any less drastic for the El Paso workers as well.

Causes of work injury:

Overexertion, i.e. injuries caused by lifting, pushing, pulling, holding and carrying

Falls on same level / tripping on hazard

Falling to lower level / falling without a proper guardrail

Bodily reaction, i.e. injuries from bending, climbing, reaching, standing, sitting, and slipping or tripping without falling

Struck by moving, falling or flying object

The remaining claims are primarily highway incidents, “caught in/compressed by” accidents involving forklifts, factory machinery, and other apparatus, falling objects, repetitive motion, and workplace violence. Other causes include carbon monoxide poisoning electrocution and trench cave ins. The falling accidents at construction sites are particularly inexcusable, given the detailed guidelines that provide more than adequate protection.

When do you need an attorney in case of a work injury? :

• Your workplace injuries are severe enough to require surgery.
• Your workplace injuries are moderate to severe. If you and your doctor believe your health won't return to the condition it was prior to your injury, you may be entitled to a “permanent partial disability” award.
• You believe you are no longer able to work on a regular basis in any job.
• You believe you cannot go back to work at your current job, but believe you could work in some capacity.
• You have significant pre-existing disabilities.
• You would like to dispute an adverse decision made by your employer, your employer’s insurance company, or your state's workers' comp division regarding your workers’ compensation claim.
• You believe you are not receiving the correct benefits, or wonder if there are additional benefits you could receive.
• Your medical benefits are denied.
• Your employer has disputed a decision made by your state workers' comp division.
• You do not understand the workers' compensation process and would feel more comfortable if an expert were representing your interests.

How does an attorney help in a work injury case? :

Regardless of the circumstances of your workers’ compensation claim, you are entitled to obtain an attorney. If your injuries are severe enough that your life will be permanently altered, either because of permanent bodily impairment or a change in ability to work, a workers' compensation lawyer will be able to advocate on your behalf to ensure that you receive the medical care and workers’ compensation benefits you are entitled to.

In addition, if your injury may keep you from working permanently, a lawyer can advise you about filing for Social Security disability benefits as well.

Workers compensation covers many of these claims and is a “no fault” process, but workers comp is an adversarial process, where the difference between a lawyer shuffling paper and a zealous advocate can mean hundreds of thousands of dollars. Workers’ comp doesn’t cover what is referred to as “general damages,” such as pain and suffering, and so it’s essential that every part of the claim be maximized to provide fair compensation. Workers compensation does, however, generally cover:

-Payment of medical expenses for treatment related to sickness or the injury

-Settlement for severe disfigurement or scars

-Compensation to cover specific losses, like loss of a limb or appendage

-Coverage physical therapy and vocational rehabilitation programs

-Death benefits

When do you not need an attorney? :

If your workplace injuries are relatively minor, you expect to go back to work with your employer at your current job after a few days' or weeks' recovery, and you do not expect your workplace injury to result in permanent loss of bodily function, you may not need to hire an attorney.

For example, if you suffered an uncomplicated broken arm at work and the workers' compensation insurance company paid your medical bills and a weekly benefit for the time you've been off work, and now your doctor has released you to go back to work without limitations and you feel completely healed, you probably don't need to contact an attorney. But if you don't feel that you are completely healed, or you aren't comfortable signing a settlement with your workers' comp insurance company (that will probably require you to give up any future rights to compensation or medical care for your injury), you should arrange for a free consultation with a workers' comp attorney.

You need to talk with a lawyer concerning whether you’ve got a viable personal injury claim even if you’re receive workers compensation benefits. Workers Compensation doesn’t cover pain and suffering, and it doesn’t grant legal immunity to third parties, and so a personal injury claim against another responsible party could provide compensation for losses which were not covered by workers’ comp settlement. That is, for example, how asbestos lawsuits work, despite workers’ comp statutes.

Get in touch with the El Paso based team of highly experienced Injuries attorneys, in matters related to workplace injuries; to know more: