If you should be injured while on the job, you’ll be facing many challenges in the weeks ahead, both physically and financially. Along with getting the necessary medical treatment for your injuries, you will likely be off from work for an extended period of time. But along the way, you will need to make sure you have sufficient income to help pay your medical bills and replace your lost wages. In many situations such as this, you will work with your employer to file a workers’ compensation claim. While this may provide you with some income, it probably will not be sufficient to compensate you for your damages. Because of this, you may want to consider filing a personal injury lawsuit as well. In fact, there are numerous situations that will allow you to sue for the damages resulting from workplace injuries. To discuss your situation in-depth, meet with legal counsel for advice about these matters.
Suing Outside of Workers’ Compensation
When you suffer workplace injuries and are in need of additional compensation, you will need to work closely with a personal injury lawyer in Sherman Oaks that understands the rules surrounding such cases. To file a lawsuit outside of workers’ compensation, you will need to have been injured by a toxic substance or defective product, in which case you could file a lawsuit against the manufacturer. In other situations, you can sue a third-party who may have been responsible for your injuries, or even sue your employer if they engaged in conduct that was intentional and resulted in you being injured. Finally, should your employer not carry workers’ compensation insurance, you can hire a workplace dispute lawyer to help you sue your employer in civil court.
When you incur injuries on the job, expect your employer to do all they can to discourage you from pursuing a workers’ comp claim or personal injury lawsuit. Unfortunately, many employers may try to shift the blame for the accident onto you in order to put themselves in the clear. However, don’t let this happen. Since workers’ comp payments are often very low, they won’t begin to pay your medical bills and replace lost wages. In addition, workers’ comp will not cover your pain and suffering or provide money for punitive damages you sustained. To get the money you deserve, understand your rights by consulting with an employment accident attorney in Sherman Oaks that will do everything possible to get them maximum compensation.
For employees who are injured by defective products on the job, such as malfunctioning equipment, it is important to take several steps as quickly as possible. Along with filing a workers’ compensation claim, it will also be crucial to file a complaint with OSHA about the equipment in question. By doing so, you can have your injuries documented with the agency, and the complaint will also force OSHA to investigate your accident.
If you choose to file a lawsuit against the equipment manufacturer, having an OSHA report as evidence could factor into helping you win your case. Upon doing this, speak to a legal professional to hold companies accountable for their actions. Family members can also retain legal counsel on behalf of their loved one, if an unexpected death takes place from worsening injuries. A wrongful death suit can be filed, taking previous complaints into account.
Toxic Substance Injuries
When these injuries occur, they can result either in immediate injuries or one that may not present themselves until years later, such as when workers are exposed to asbestos and later develop mesothelioma. Yet whatever the case may be, you are still entitled to pursue a personal injury lawsuit against the manufacturer of the substance, as well as against a manufacturer of safety equipment that is later shown to be ineffective in offering the required levels of protection. Since these lawsuits can be complex and drawn out over a period of time, hire a work injury attorney that has extensive experience handling these specific types of cases.
Third Party Lawsuits
When you are injured on the job by a third party, such as another person, you are allowed to file a lawsuit against that person for any damages that resulted from their actions. For example, if you were in a company vehicle on your way to a service call at a customers’ home and were hit by a drunk driver, you could sue the driver of the vehicle so that you could be compensated for your damages. If pursuing such a lawsuit, the emphasis will be on the other person’s negligence or intentional conduct that resulted in you being seriously injured. In these instances, the other person and their insurance company will fight hard to avoid paying you any compensation. Rather than have an inexperienced lawyer on your side, hire the services of those with a reputation for success in these cases.
Documentation and Evidence
Since your employer will not be happy about you filing a workers’ comp claim and those who are the defendants in your personal injury lawsuit will also not be delighted with their situation, you will need to document as many details of your accident and injuries as possible. To begin with, always get immediate medical treatment for your injuries, since this will have them entered into your medical records very quickly. Also, if others witnessed your accident, try to get statements and contact information from them. But perhaps most importantly of all, say as little as possible about your accident until you have spoken with and hired an attorney that will fight hard for you each step of the way.
Even if you have had a great relationship with your employer, don’t be surprised if they balk when you file a workers’ comp claim and subsequent personal injury lawsuit. Rather than be talked out of doing so or making other critical mistakes along the way, place your trust in a legal professional who specializes in occupational accident cases and will get you the compensation you need and deserve