Injured in a Workplace Accident? Call 1-800-ATTORNEY for a Free Consultation!

Those who have been injured in a workplace accident often find themselves unsure what to do. Should you file a workers’ compensation claim? Should you file a lawsuit? Should you trust your employer to do the right thing?

Work accidents are unique due to the fact that you may be legally barred from filing a personal injury lawsuit against your employer. Depending on the state in which you live (and the facts relating to your case), your legal options may be very limited.

Many people believe if they have been injured in the workplace, their only source of financial help is through a workers’ compensation claim. Even though this is usually the case, there are a number of situations under which a worker can sue for damages that resulted from those injuries:

• Anyone injured because of a defective product can bring a product liability lawsuit against the manufacturer
• If the accident occurs due to the employer’s gross negligence or willful misconduct, the employee (or their beneficiaries) may be able to bring a lawsuit against the employer
• You may be able to bring a civil case against your employer if the company does not carry workers’ compensation insurance (this occurs frequently in Texas)
• If a third party is responsible for the injury, it’s possible for the injured party to file a personal injury lawsuit against the responsible party

In addition to the above scenarios, an injured party may also obtain compensation from government sources such as Social Security disability or SSI if the injury prevents the individual from working.

Protecting Your Rights Following a Workplace Injury

The easiest way for an injured party to protect his or her rights is to report the injury to the employer, and then contact a work injury attorney for a free consultation. Most states require employees to make a report within the same day (or within a few days) of the incident. While this may not always be feasible, it is essential to report the injury as soon as possible.

The next step in the process of protecting your rights is for the injured party to contact an attorney. Explain your situation including the pertinent facts of your case, and ask for a consultation. The worst case scenario is that they cannot help you, and suggest that you file a claim with workers’ comp on your own. On the other hand, an attorney may be willing to take your case on contingency (no win, no pay) and pursue the compensation you truly deserve. Remember that each case is different, and your legal options may depend on several factors.

Rights of the Injured Employee

Workers’ compensation laws are not the same in every state, nor are the rights afforded to employees who are injured on the job. For these reasons, there are different legal procedures in place to guarantee those rights.

The following are some legal rights that are usually the same in most of the states:

• The right to file an injury (or wrongful death) claim through either workers’ compensation or the civil court system
• The right to visit a doctor and obtain medical treatment
• The right to return to the job after a release from the doctor
• The right to permanent or temporary disability payments (depending on the extent of the injuries)
• The right to appeal the decision of the employer, employer’s insurance company, or workers’ compensation court
• The right to legal representation throughout the process

It is illegal for a company to offer an injured worker an incentive to not file a workers’ compensation claim. In addition, all states have laws that allow employees to file claims for workers’ compensation without worrying about harassment or reprisal. It is illegal for a company representative to harass any employee because of their decision to file a workers’ compensation claim.

To discuss your case with one of our attorneys today, call us at 1-800-ATTORNEY. We’re happy to provide a free consultation and explain the legal options available to you.