After a workplace injury, an employee may need time to heal and recuperate before returning to work. Not every injured worker’s recovery path is the same, and some employees may need more time off than others. You are entitled to different amounts of time off based on the severity of the injury. At Mandler & Sieger, LLP, we are committed to helping our clients receive the proper benefits from their workplace. Our huntington construction accident lawyers can assist with getting medical bills covered and recover lost wages from time off.
What Are The Causes of Workplace Injuries?
A workplace injury may result in time away from work. They can be caused by insufficient workplace safety, or it can be a freak accident. Employers need to provide a safe environment for their employees to put them out of harm’s way. Here are the top causes of workplace injuries include following:
- Overexertion and bodily reaction
- Falls, slips, trips
- Contact with objects/equipment
- Transportation incidents
- Injuries caused by people and animals or violence
- Exposure to harmful substances or environments
Huntington Construction Accident Lawyers Can Help After A Workplace Injury
Immediately after an injury at work, a supervisor should be notified. This should be done as soon as possible because your right to file a workers’ compensation claim might be waived if the injury isn’t reported within the state-mandated time frame. After reporting the injury to your supervisor, medical attention may be necessary, depending on the severity of the injury. The supervisor must then notify their insurance carrier about the accident and file a claim with the state workers’ compensation board. Contact our huntington construction accident lawyers to see how we can help with your case!
What Benefits Are You Entitled To
Workers’ compensation should cover all medical expenses from diagnosing and treating an employee’s workplace injury. This specifically includes doctor appointments, prescriptions, surgery, and medical equipment. The injured employee is also entitled to vocational rehabilitation benefits if unable to return to their pre-injury job. Workers’ compensation benefits should also compensate employees for lost wages while away from the workplace. This compensation amount is typically two-thirds of an employee’s weekly salary. The types of disability benefits include:
- Temporary Total Disability- Employees receive while off work for a limited amount of time.
- Temporary Partial Disability- Employees receive if they can perform light job duties until they can return to work at the same level of previous employment.
- Permanent Total Disability- Employees receive if they are permanently and disabled. In addition, they must be unable to return to work.
- Permanent Partial Disability- Employees receive if the complete or partial loss of the body part partially impacts their ability to work.
- Death Benefits- Families are entitled to receive when an employee is killed on the job site as compensation for the loss of financial support.
What Your Legal Rights Consist of
Injured employees need to understand their legal rights. Suppose workers’ compensation does not cover personal injuries or punitive damages, to which an injured employee may be entitled. In that case, they can file a lawsuit in civil court to recover additional damages. Some specific causes include the following:
- In the majority of states, injured employees can recover damages if their employer directly harmed them.
- Yes, employees can file a personal injury lawsuit against their employer if they don’t carry workers’ compensation insurance. However, you must prove that your employer was at fault for the on-the-job injury during civil court.
- If a workplace injury results from a defective machine or equipment, the employee can sue the manufacturer because of unsafe conditions. The manufacturer would be responsible for the compensation to the employee.
- If your workers have been exposed to toxic substances can suffer from cumulative long-term effects, including cancers, neurological damage, and lung diseases. In this case, employees can file a toxic tort claim against the manufacturer.
- When a third party causes workplace injury, the employee can then file a personal injury lawsuit against the third party.
Contact Mandler & Sieger – Huntington Construction Accident Lawyers
You cannot be forced back to work after a workplace injury. You are entitled to time off and compensation based on the type of injury, which our huntington construction accident lawyers will make sure you get. At Mandler & Sieger, LLP, our lawyers will get you the justice you deserve and ensure your legal rights are carried out. Contact our team today to schedule a consultation with our lawyers.