Know About Their Legal Rights

Every year a significant number of employees are injured at the workplace in an accident or mishap of some kind. Industry progresses at a tremendous speed, including evolving technologies, innovations, and other advancements.  

But advancements in industry and technology are not without their drawbacks. Many employees and workers fall prey to avoidable accidents every day. Employees have a right to expect reasonable precautions at the workplace.

There are an endless number of causes of workplace accidents. The reasons vary by the type of work involved, the environment, the amount of safety equipment and measures put into place, and training of employees. Some leading causes of workplace accidents include the following:

  1. Slip and falls
  2. Hit by falling objects
  3. Muscle cramps
  4. Repetitive strain injuries
  5. Crashes and collision
  6. Inhalation of toxic fumes
  7. Exposure to any loud noises
  8. Lacerations and cuts

Most employers implement various safety measures to protect employees. Some safety measures are required by state and federal laws. For example, construction sites are heavily regulated by the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), and other government organizations. 

Any workplace, however, can be dangerous and can cause accidents in spite of safety measures. Construction accidents are often fatal. Those fortunate enough to survive may experience lasting health issues long after the injury occurred.

Unfortunately, accidents seldom come with notice, and this is where the importance of an attorney comes into play. According to some sources, the number of workplace accidents officially reported is far less than the actual number experienced by employees every year. This is in part due to employees not understanding their rights. 

When someone dies due to negligence at the workplace or while performing official duties at a location other than the workplace, qualified family members can file a claim with the help of knowledgeable attorneys who are experienced with handling Wrongful Death claims

Many people are unaware of the benefits and support that may be available to them in the aftermath of an accident. Before signing any agreement or settlement with an insurance company or your employer for a work-related accident, discuss your case with a lawyer. A labor and employment attorney will be able to discuss with you what benefits, support, and compensation may be available after an accident at the workplace, such as:

  • Compensation for medical treatment and related expenses

As the victim of an accident at the workplace, you should not receive bills for authorized medical treatment related to a workplace injury, including any bills for co-payment or deductibles. Expenses for authorized treatment, prescription medication, and testing should be paid directly by your employer’s workers’ compensation insurance. 

Issues regarding what treatment is medically necessary sometimes arise. Insurers sometimes dispute whether a particular treatment is related to the injury or whether it is necessary under the circumstances. In addition to paying medical expenses, mileage to and from medical appointments, including therapy, should be reimbursed. 

Reimbursement includes travel to and from all medical appointments for the injured worker. If the injured worker is required to take time off from work to travel to appointments, this time should also be reimbursed.

  • Replacement of wages

Often workers lose the capacity to continue their work due to serious accidents. This is why a temporary disability payment is so important. If you are injured in a workplace accident, you may be entitled to temporary disability payments through workers’ compensation insurance. 

In most cases, an employer pays Temporary Total Disability (TTD) benefits equal to two thirds of the average weekly wage of the employee if they suffer an injury at work that renders them physically incapable of continuing work-related duties. This is in addition to the bills for injury-related medical treatment. The TTD payments typically continue until the employee is able to work in some capacity.

TTD benefits protect your right to a wage as an employee when you are injured at the workplace due to no fault of your own. It is one of the most important reasons to file a claim. A workers’ compensation lawyer can help make the claim process smoother and handle the leg work without adding additional burden onto you while you’re trying to recover from injuries. 

Tips for Choosing Effective Legal Assistance

It is always wise to hire a legal professional for unfortunate situations like a workplace accident. An accident can happen anytime and anywhere. You never know when you may need to file a claim for workers’ compensation insurance. Having a legal professional on your side from the start is always a wise choice.

A lawyer can help you establish entitlement to monetary benefits that you are owed for the accident. Below, we discuss some of the reasons why you should seek legal help for your claim.

They say that an ounce of precaution is better than a pound of cure. That is what we have learned since childhood. None of us want to experience the misfortune of an accident. 

We are not always able to avoid an accident regardless of how careful we are. Accidents are, by definition, unexpected and unintentional. An attorney will be able to handle filing a claim more efficiently because of their knowledge and experience. 

Here are a few of situations when you may want to consider hiring a legal professional: 

  • You have been severely or chronically injured, such as whiplash, traumatic brain injury (TBI), or a spinal injury. 
  • The insurance company is declining to cover all related medical expenses.
  • You lost your job due to the accident.
  • You are temporarily or permanently disabled from the injuries you received during the accident.

Things to Discuss With A Legal Professional

You should share the entire case history of the accident with your attorney after they have been hired. This will help them to fully understand the case so that they can submit a complete application. There are a few things that you may want to discuss in detail:

  • Estimated amount of loss and damages: This is crucial because a proper evaluation can help you seek the maximum amount for your loss. Your attorney will want to analyze the facts of the accident in detail.
  • Your insurance details: To acquire benefits, you will need to explain everything covered by the insurance company so that they can start filing the paperwork. 

Speak to a San Antonio Personal Injury Lawyer that is well versed in workers’ compensation claims. With their assistance, you will be able to file a valid claim to help support you while you are recovering from a workplace accident. 

There may be other options available if your employer did not carry workers’ compensation. A competent attorney will explain what remedies are available to you.