Introduction:
A workplace or job injury is when you get hurt or sick while you’re working. It’s usually called work-related if it happens while you’re on the job, whether you’re at your workplace, working somewhere else for your job, or doing a task your employer asked you to do.
Gain clarity on the essential role of job injury attorneys. Discover how they advocate for your rights and ensure fair compensation.
About Injuries in the Workplace
According to the United States Bureau of Labour Statistics (BLS), firms record around 2.8 million work-related injuries and 5,300 work-related deaths per year.
Workplace injuries are most commonly caused by:
Unsafe work conditions or environments, such as the presence of hazardous products or exposure to a harmful work environment.
Defective or improper equipment or devices in the workplace
Perform tough or repeated duties for an employer, such as heavy lifting.
Some occupations, such as construction, are more prone to accident than others, but injury at work can occur in any line of employment. An injury at work can be tragic therefore it is critical to seek proper legal representation.
Workplace Injury/Death Statistics:
According to the U.S. Bureau of Labour Statistics (BLS), a December 2017 report showed an increase in the number of workplace fatal injuries. Fatal workplace injuries reached a 13-year low in 2009, but have progressively grown since then. According to figures from 2016, 4,098 wage and salaried workers died as a result of workplace injuries that year.
According to a 2015 Texas Tribune investigation, Texas has the highest number of workplace fatalities in the country. According to the survey, Hispanic and Latino workers account for approximately 17 percent of all workplace deaths in the United States.
Nothing hurts more than losing a loved one in an accident. You fully anticipate your spouse, parent, or child to return home safely from work every single day. While a workers’ compensation claim can recover certain costs, it may not cover the whole degree of your loss.
In 2021, there were 462 fatal injuries from work in California.
The state’s fatal occupational injuries ranged from a high of 657 in 1993 to a low of 326 in 2010. According to the Census of Fatal Occupational Injuries (CFOI), 5,190 fatal work injuries were registered nationwide in 2021, a 9% rise from 4,764 the previous year.
In California, transportation events resulted in 142 fatal work injuries, while exposure to hazardous substances or the environment caused 103 fatalities. These two key categories were responsible for 53% of all fatal occupational injuries in California. Falls, slips, and trips caused 78 work place deaths, compared to 99 in 2020.
Transportation incidents were the most common fatal occurrence in 2021, accounting for 38% of all fatal workplace injuries in the United States. Falls, slips, and trips were the second most common fatality (16%), followed by exposure to hazardous substances. Contact with objects and equipment was involved in 14% of fatal accidents.
In addition, Latinos made up 51% of those who died as a result of job related injuries in California. Latinos accounted for 22% of all deaths at work place nationwide. In 2021, workers aged 25 to 54 years old accounted for 57% of all work-related fatalities in the state, matching the national rate.
Common Examples of Workplace Injuries
Work-related injuries can disrupt the victim’s daily life, inflict serious and/or long-term harm, or permanently affect the victim’s capacity to work. In the worst-case scenario, major workplace injuries might result in death.
The most common workplace injuries include:
- Falls, slips, and trips
- Broken bones or lacerations
- Equipment injuries
- Back injuries
- Carpal tunnel syndrome (CTS)
- Transportation/car accidents
- Electrocution
- Overexertion
- Chemical poisoning
- Falling objects
Keep in mind that this is merely a limited list. If you do not notice the workplace injury you or a loved one experienced, you might still have a case.
Different Kinds of Workplace Injury Cases
There are several ways in which you can become injured at work. Sometimes the cause of your personal injury is immediate, such as slipping and falling or straining your back when lifting something.
In other cases, an injury or sickness caused by dangerous working conditions might develop over time, such as cancer or psychological issues.
Job injury attorneys can assist with a variety of workplace accidents, but some of the more common injuries are listed here.
Workplace Accidents
Workers’ compensation claims and workplace injury lawsuits frequently involve the following occupations:
- Construction workers
- Factory workers
- Railroad employees
- Miners
Workplace accidents may qualify employees to workers’ compensation benefits, regardless of who is to blame. Employers are compelled by law to compensate those who suffer a work-related injury. After all, workplace injuries can cause a person to miss time from work or make them unable to work forever.
Workers’ compensation normally pays for medical bills and 50-67% of an employee’s salary while they are unable to work.
If an employee receives workers’ compensation, they may lose the right to sue their employer; however, they may be entitled to sue a third party for negligence that led to their injury.
Chemical Exposure.
Certain workers may be exposed to toxic substances at work, which can endanger their health. However, it is the employer’s responsibility to protect employees from harmful substances and provide a safe working environment.
Chemical exposure injuries are most common at facilities where hazardous chemicals are made, mined, used, or stored. However, industrial injuries and illnesses from chemical exposure can also occur in an office due to leaks, paint, cleaning chemicals, or poor ventilation.
If an employee inhales, ingests, or comes into contact with certain hazardous chemicals and toxins, they might get a variety of injuries or illnesses.
Some common hazardous substances include:
- Asbestos
- Lead
- Solvents and acids
- Mercury
- PFAS in firefighting foam
Employees may encounter some of the following common chemical exposure injuries and illnesses when exposed to these hazardous compounds for extended periods of time:
- Cancers
- Rashes
- Nerve damage
- Burns
- Neurological illnesses like brain damage
Slip-trip-and-fall accidents: These incidents which happen in the workplace, can be caused by a variety of factors, including slick floors, torn carpets or broken staircases.
Lifting: Employees who must lift as part of their jobs, such as warehouse workers, are more likely to suffer sprains or strains. While these injuries are rarely serious or life-threatening, they can cause chronic discomfort, which has the potential to disable a person.
Repetitive stress: Repeating the same duties, such as typing, bending, and assembling items, can lead to repetitive stress injuries. Carpal tunnel syndrome is one of the most common forms of these conditions.
Workplace violence: Unfortunately, workplace violence has become all too common. To mitigate these risks, employers can take proactive conflict resolution steps. Employees should also be given safety training and informed on the company’s crisis plans, such as how to respond to active shooter situations.
Compensation for work place injuries under New York labor laws:
Some specific labor laws in New York offer a way for injured workers to pursue compensation outside of the workers’ compensation system from responsible parties like employers, property owners, contractors, and others. These laws include:
Labor Law 200 – This law demands that job sites to be operated and performed in a way that provides “reasonable and adequate protection to the lives, health, and safety of all persons employed there.” Furthermore, it requires that machinery and equipment be operated and guarded to ensure workers’ safety. Under Section 200, you may be able to receive compensation from a variety of parties who failed to create a safe and secure work atmosphere.
Labor law 240 – Also known as the “Scaffold Law,” this New York labour legislation allows injured workers to seek compensation if they are harmed while working at heights or in other gravity-related accidents, such as falling objects. Section 240 allows you to sue the property owner, contractor, and any accountable parties, regardless of their direct involvement in your work.
Labor Law 241 – This labour law addresses construction, demolition, and excavation and was designed to safeguard workers from accidents caused by a lack of reasonable and effective protection on the job site. Like Section 240, you can sue the property owner, general contractor, or another liable party even if they had no direct involvement in your work or accident.
Work Injury: Steps and Job Injury Attorney’s Role
If you are injured at work, you must take particular procedures to safeguard your legal rights and receive any compensation you may be liable to.
Step 1: Report the accident as soon as it occurs.
Most states have a relatively short deadline for filing reports. Even if you don’t think you’ve been harmed, you should file an accident report to protect yourself if injuries develop or worsen after the accident.
Step 2: Report the injury as quick as possible.
If you become injured as a result of the accident, you should notify your employer as soon as you notice any symptoms. Make sure to notify them in writing so that you can subsequently justify what and when you stated it. Keeping notes of what happened, who was present, and what you’re going through can be extremely beneficial to your case.
Step 3: Seek medical attention as soon as possible following a workplace accident.
If the injury warrants it, you should seek medical attention right away. Even if an accident does not appear to be serious, some employers may need you to attend a doctor or the hospital to ensure your well-being. A doctor should know what to look for in these types of circumstances, but you or your coworkers might not. Your safety matters first.
Step 4: Consult with a personal injury attorney / Job injury attorney.
Before filing a workers’ compensation claim, you should consult with an attorney. Work/ job injury attorney have been through this before and can advise you on the best line of legal action.
How do Work-Related Injury Claims Work?
In the majority of work-related injuries, an employee receives benefits from their employer through workers’ compensation. Workers’ compensation often safeguards employers from being sued. However, there are several circumstances that may warrant suing an employer.
Some common situations that allow an employee to sue their employer are:
If an employer purposefully injures an employee. The injury must result from an intentional act, not negligence.
If an employer doesn’t provide workers’ compensation or does not carry enough workers’ compensation insurance.
If a third party other than one’s employer caused the workplace accident.
A workplace injury lawyer will seek to prove that an employer created an environment in which an injury was likely to occur, or to establish a third party’s fault.
Work-related injury claims must demonstrate their damages, which include:
- Physical injury.
- Lost wages because of the inability to work.
- Medical bills.
- Demonstrating intent can be difficult without the assistance of a knowledgeable and experienced work-related injury attorney.
Is there a statute of limitations for workplace injuries?
A statute of limitations is a set of state-level regulations that specify how much time a person has to file a particular type of litigation, such as a personal injury, wrongful death, or premises liability claim. These laws set a time restriction for filing workplace injury claims.
Each state determines its own statute of limitations, and time constraints might vary greatly between states. For example, Massachusetts’ statute of limitations may differ from those of New Hampshire or Rhode Island.
What is a Third-Party Claim?
When a worker gets injured on the job, he or she may file a workers’ compensation claim. Workers’ compensation benefits are paid without having to establish that your employer was at fault. However, in some situations, the wounded worker can file a third-party claim.
“Third-party” refers to an individual or company that is not your employer. You can file a claim against a third person who caused your injuries.
Third-party responsibility may occur when an individual or entity other than the employer causes a workplace accident. Typically, it is not available against an employee’s supervisor or coworker.
Instead, third-party responsibility may develop as a result of other common events, such as drivers who cause automobile accidents that injure workers on the job, the acts or neglect of another company or its employees, and manufacturing or design flaws.
For example, if a person is on the road for work and gets hit by a drunk truck driver, he can seek workers’ compensation benefits as well as file a claim or lawsuit against the truck driver and the trucking company.
Most workers’ compensation awards are limited, and a worker may not be able to obtain enough compensation to cover all of his or her medical expenditures and lost income.
Furthermore, workers’ compensation excludes pain and suffering, mental anguish, and punitive damages.
In a third-party claim, the worker can seek damages that exceed those available to a worker who solely files a workers’ compensation claim.
A successful third-party claim requires proving that the third party is at fault or negligent for your injuries. To prove the third party’s carelessness, the injured worker must establish duty, breach of duty, causation, and damages.
However, if the worker files a claim against a product manufacturer, it may be feasible to file a strict liability claim in which the product maker might be found liable just by demonstrating that there was a fault and that led to the worker’s injury.
When an injured employee claims that a third party negligently caused his or her injury, the company’s insurer may have a subrogation interest in the case.
Subrogation permits the employer to recover money that was paid out for medical care and missed income. Each state has its own standards for subrogation and an employer’s or carrier’s entitlement to recover benefits given to an employee.
The subrogation interest that can be recovered is typically limited to the amount of workers’ compensation benefits paid to the employee. In most circumstances, if the third-party recovery exceeds the subrogation interest, the insurance carrier can be compensated, and the balance is paid to the injured employee.
Third Party Work Accident Damages
In a third-party work accident case, plaintiffs (or injured workers) must prove that the defendant’s carelessness caused their injuries and damages, just as they would in any other personal injury lawsuit.
In such circumstances, the defendant’s insurance company normally pays the damages through a jury verdict (court judgment) or a negotiated settlement.
Damages may differ in each scenario. If you have been hurt on the job, you should consult with an experienced work injury lawyer to determine whether you have a case against someone other than your employer.
Third parties may include project contractors, property owners, or defective product makers.
While workers’ compensation benefits pay for medical expenses and a percentage of lost income, reimbursement in third-party work accident claims can be more extensive.
In third-party work accident instances, recoverable damages include the following:
- Medical bills and upcoming medical expenses
- Lost revenue and compensation for the loss of earning ability (future pay)
- Property damage.
- Disability, deformity, and scarring
- Loss of enjoyment from life
- Loss of consortium.
- Pain and Suffering
- Emotional pain.
- Permanent injuries.
If you have been hurt on the job, it is critical that you interact with skilled work injury attorneys who can assist you in understanding the entire nature of your damages and obtaining the utmost compensation for your losses.
How Does a Permanent Disability Rating Affect the Final Work Injury Settlement?
A “rating” is a percentage that estimates how much your disability restricts the type of job you can do or your capacity to earn a living. This rating is significant since it also influences the amount of your permanent disability benefits. These ratings are based on several factors:
- Your medical condition as explained in your official medical report.
- Your date of injury
- Your age at the period of injury.
- Your occupation (what you were doing when the accident occurred)
How much of your disabilities was caused by your employment versus other causes.
A 100% rating, which is unusual, indicates that you have a permanent entire disability. A grade of 1 to 99% indicates that you have persistent partial disabilities. Most injured workers are not permanently disabled. The legislation determines the amount of your permanent disability.
The claims administrator will figure out how much to pay you, based on your disability rating, the date of your injury, and your income prior to the injury.
If you are concerned about how your permanent disability rating will effect your work injury compensation, please contact an expert work injury attorney for answers and direction.
Conclusion:
If you get hurt at work, getting help from a good job injury lawyer can really help you. They know a lot about the law and can make sure you get the money you should for your injuries. These lawyers work hard for you, talking to insurance companies, standing up for your rights, and even going to court if needed. When you work with a job injury lawyer, you can concentrate on getting better while they take care of the legal stuff, making sure you’re treated fairly and get paid for what happened to you.
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