All employers must provide a safe and secure work environment for their employees. If you or someone you love was injured in the course of your employment, it can be challenging to determine who is responsible for a work injury without legal help. Depending on the size of their staff, your employer must have workers’ compensation insurance in place.
A workers’ compensation lawyer in your area can help you determine the appropriate party and recover medical and financial benefits. The lawyer representing you can also explain the types of benefits you can recover and in what amounts. They will also explain your rights, your employer’s responsibilities, and the laws of your state that affect your case.
Know When Your Employer Can Be Held Responsible for a Work Injury
In most work-related injury cases, your employer is responsible for your workplace injury regardless of who was at fault. You do not have to prove your right to hold your employer responsible for your injury on your own. A workers’ compensation lawyer in your area can help you document the cause of your injury, your treatment protocol, and your required medical care and salary history.
Your medical records are important because they define your eligibility for potential workers’ compensation medical care. Your employment and salary history are important because your financial compensation is based on your average weekly salary.
General Qualification Guidelines for Workers’ Compensation Benefits
Laws and guidelines may vary by state — your lawyer can explain your state’s laws for you — but in general, you should be eligible for workers’ comp benefits if:
- Your employer must carry workers’ compensation insurance according to the laws of your state.
- You must have been an employee when your injury occurred.
- Your injury must have occurred because of your employment.
Each state will have its timelines related to your case, including the deadline for notifying your employer of your injury and the deadline for filing a workers’ comp claim.
The Most Commonly Reported Workplace Injuries
The Centers for Disease Control and Prevention (CDC) cites data in its report that 1.8 million employees suffered injuries at work in 2020. The three most reported workplace injuries include contact with objects and equipment, overexertion, and accidental falls.
Additional causes of on-the-job injuries include:
- Motor vehicle accidents
- Violence in the workplace
- Machinery-related injuries
- Repetitive motion injuries
- Muscle sprains and strains
- Cuts, burns, and bruises
- Broken and fractured bones
Your lawyer will help you prove the cause of your injury and the physical and psychological toll it takes on you. If it is in dispute, they will interview witnesses and consult medical and workplace experts. Where applicable, they may also review your eligibility for other types of financial compensation, including personal injury cases.
They will compile and organize evidence that includes your medical records and employment and salary history. An attorney can also help you submit a complete workers’ compensation application with all the required information and attachments.
For a free legal consultation, call (972) 938-1234
Know What Types of Compensation You Could Receive for a Workplace Injury
Workers’ compensation benefits are designed to meet the needs of temporarily or permanently injured employees. There are four types of financial benefits you could be entitled to if you qualify. In general, the monetary benefits you can recover will fit one of the following categories:
- Temporary partial disability
- Temporary total disability
- Permanent partial disability
- Permanent total disability
Temporary partial or total disability benefits could entitle you to short-term compensation for the time when you cannot perform any of your work-related duties at all or cannot perform them at your usual capacity. Permanent partial or total disability benefits could entitle you to permanent compensation for injuries that prevent you from returning to your job in any capacity.
Medical Benefits You Can Receive After a Work Injury
When injured workers require medical care, it is the responsibility of their employer to provide it if they carry workers’ compensation insurance. If they are, you can receive the following:
- Emergency care
- Doctor’s visits
- Necessary medications
- Required surgeries
- Rehab and therapy
Depending on your state, you may be required to receive treatment from the health care provider your employer chooses. Your lawyer will explain how the laws of your state affect this choice and how and when you can request a change in your health care provider.
Contact Our Case Review Team Today for Legal Help With a Workplace Injury
Were you or someone you love injured at work? If your injury prevents you from going to work to support yourself or your family, our workers’ compensation lawyer can help. We will explain who is responsible for your work injury and how you can recover financial compensation and additional benefits.
Learn more about your recovery options by calling one of our case review team members at Clay Jenkins & Associates today.