What is a work injury attorney?
Work injury lawyers are also known as employment lawyers or personal injury lawyers, depending on the facts of the injury. Work injury attorneys represent anyone facing a legal dispute, tort, or claim related to employment law.
Specializing in employment law, work injury lawyers help shape workers' compensation, as well as fairness and employment policy. In addition, work injury lawyers help resolve disputes between employees and employers or disputes between co-workers.
A workplace injury attorney helps workers injured on the job get compensation for their injuries. They represent the applicant. Here are some examples of personal injury attorneys including, but not limited to:
- Obtain medical records to prove claims for damages;
- Gather evidence to support the injured worker's claim;
- Take letters from other relevant parties, such as the claimant, doctors, witnesses for work accidents, and other medical professionals;
- Research and conduct legal research;
- Drafting various legal documents, such as petitions, complaints, and opinions; and Defending the case in court.
What is a workplace injury?
Occupational injuries occur while a person is working and are caused by the type of work that the person is required to perform as part of their job. This term can also apply to injuries that occur during working hours or in the workplace.
Some employers may pay for injuries that are unrelated to the job description. However, most claims are related to work-related injuries. Some examples of these include, but are not limited to:
repetitive stress injuries, such as carpal tunnel syndrome or tennis elbow;
- Respiratory diseases, such as those caused by inhaling toxic substances;
- Various occupational diseases, such as popcorn lung or other respiratory diseases;
- Injury from being in a vacuum; and or
- Remove and drop the injury
In certain specific cases, workers' compensation may also cover off-site injuries sustained outside of the workplace. An example of this would be an injury due to a car accident on a work day. This will depend on the type of employment contract between the employee and the employer, as well as the laws of each state. Generally speaking, if an injury occurs while the employee is on duty or under the direction of the employer, it is possible to hold the employer accountable.
It is important to note that if your employer is not a workers' compensation registrant, they will personally pay for any legal action taken against them on behalf of injured workers. Therefore, it is important to know whether your employer is a wage earner or not, because this will determine how you can recover from injuries in your workplace.
Why is it important to hire a personal injury attorney?
Most legal remedies for workplace injuries include some form of escalation of damages. Damages are paid by the employer to the employer and are intended to help pay for the employee's medical and other related expenses. In addition, the insurance may cover some of the damages provided. However, in most cases, the employer may pay additional costs out of pocket.
Work injury attorneys will strive to obtain fair compensation for their injured clients. There are specific cases where hiring a personal injury attorney will be especially important:
- The employer has denied the allegation or will not pay immediate benefits;
- Employer's compensation does not cover all lost wages and/or medical expenses;
- Medical issues resulting from injuries prevent the employee from returning to their original job;
- The employee is unable to perform any work due to injury;
- The employee has limited ability to work because of the injury;
- The employee is receiving or expects to receive Social Security disability benefits;
- An employer is not a wage earner;
- An employer retaliating against an employee for workers' compensation; and or,
- The employee was injured as a result of the conduct of another person or the gross negligence of the employer.
When you are injured at work
Should You Hire an Attorney for Your Workers' Compensation Matters?
Workers' compensation attorneys can help you better understand what your case involves. Some work questions must be
The Equal Employment Opportunity Commission ("EEOC") handles pre-filing complaints. An attorney will know which charges to file first with the EEOC and how to expedite the investigation process. If the EEOC cannot resolve the wrongdoing claims, an experienced attorney may be able to file a private lawsuit against the employer.
Again, workers' compensation cases often result in litigation. Cases may involve technical legal considerations as such, you will get the services of a professional and qualified lawyer in employment law. Additionally, you may want to call a local employment attorney if you need help filing a workers' compensation claim. An experienced, district attorney can explain how the process works and advise you on how best to proceed with your legal claim. Finally, a lawyer can also represent you in court, if necessary.
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