Workplace Accidents and Personal Injury: Know Your Rights
Understanding Workplace Accidents
Workplace accidents are unfortunate events that happen more often than you might think. Despite stringent regulations and safety measures, workers are injured daily in numerous industries. The Bureau of Labor Statistics [reports] (https://www.bls.gov/ooh/healthcare/home.htm) that in 2019 alone, about 2.8 million nonfatal workplace injuries and illnesses were reported by private industry employers.
In case of a workplace accident, it is crucial to know your rights and understand the options available to you. Whether these accidents result from faulty equipment, slip and fall incidents, or other hazards, you have rights worth protecting.
Personal Injury Rights & Your Options
As a worker, your Workplace Accidents Rights are protected under various legal frameworks. Essentially, if you get injured on the job, you have the right to seek treatment and receive compensation for your injuries.
In most cases, employees may opt for workers' compensation without initiating a lawsuit. Worker’s compensation is a type of insurance that provides wage replacement and medical benefits to employees injured during employment.
However, there are situations where you may be entitled to pursue further damages under Personal Injury Laws. For instance, if your employer’s deliberate indifference or lack of safety measures led to your accident, you might consider filing for personal injury. Understanding the difference between these two avenues is key to protecting your rights.
For more information on the various types of accidents that could form the basis for a personal injury claim, consider visiting our page on personal injury.
Workers' Compensation Vs. Personal Injury Lawsuit
Though both workers' compensation and personal injury lawsuits serve to compensate you for your injuries, there are differences you should be aware of.
While workers' compensation offers quick, no-fault benefits to cover your medical bills and lost wages, it doesn’t compensate for pain and suffering. On the other hand, a personal injury lawsuit, though typically more time-consuming, can result in higher compensation, including compensation for pain and suffering.
When to Consult With a Lawyer
If you're uncertain about your rights following a workplace accident or are facing resistance in your compensation claim, it may be time to consult with a lawyer. An experienced attorney can provide clarity on your rights, guide you through your options, and work to help you secure just compensation.
If you need to discuss a potential claim, don't hesitate to reach out to Goldfaden Benson.
Conclusion
Knowing your rights following a workplace accident is essential. Whether it’s pursuing workers' compensation benefits or filing a personal injury lawsuit, it’s vital to have a solid understanding of your legal options. Be proactive, stay informed, and don’t hesitate to seek qualified legal guidance to ensure your rights are fully protected.
FAQs
1. What are my rights if I get injured at work?
Your rights include receiving medical treatment, seeking compensation for your injuries via workers' compensation or a personal injury lawsuit, and not being retaliated against for asserting these rights.
2. Can I sue my employer for a workplace accident?
Generally, workers' compensation is the primary legal recourse against your employer. However, there are certain situations, like when an employer's intentional harmful conduct caused your injury, where a lawsuit against the employer could be possible.
3. How can a lawyer help me after a workplace accident?
A lawyer can help you understand your rights, navigate your options, negotiate with insurance companies, and represent your interests in court, if necessary.
4. What if the accident was my fault?
Even if you contributed to the accident, you may still be eligible for workers' compensation. This system is designed to help workers without assigning blame.
5. What if my workers' compensation claim was denied?
A denial isn't the end of the road. With the help of an experienced attorney, you can appeal the decision.
