When and How Should You Seek Compensation After a Workplace Injury?

Workplace injuries are far more common than many people realize. According to the U.S. Bureau of Labor Statistics, there were approximately 2.6 million nonfatal workplace injuries and illnesses in 2021. These incidents can have a significant impact on an employee's health, well-being, and financial stability. It is crucial for workers to understand their rights and know when and how to seek compensation after a workplace injury.



Types of Workplace Injuries

Injuries can occur in any work environment, from construction sites to offices. Some of the most common types of workplace injuries include:
- Slips, trips, and falls – nearly 850 people died after a fall at work in 2021.
- Overexertion injuries, such as strains and sprains – over 1 million people suffered overexertion injuries in 2021/22.
- Being struck by falling objects – over 42,000 people are struck by falling objects at work every year in the US.
- Repetitive motion injuries, like carpal tunnel syndrome
- Exposure to harmful substances or environments – this includes radiation, noise, temperature extremes, etc.

Construction workers are particularly vulnerable to injuries due to the nature of their work. They often face hazards such as working at heights, operating heavy machinery, and being exposed to dangerous materials. Office workers, on the other hand, may suffer from ergonomic-related injuries caused by poor workstation setup or repetitive motions.

When to Seek Compensation

If you have been injured on the job, it is essential to report the incident to your employer as soon as possible. Most states have a time limit for reporting workplace injuries, so acting quickly is crucial. After reporting the injury, you should seek medical attention to document the extent of your injuries and begin the recovery process.

You may be entitled to workers' compensation benefits, which can cover medical expenses, lost wages, and rehabilitation costs. These benefits are typically available regardless of who was at fault for the injury. However, in some cases, you may also have grounds for a third-party liability claim if someone other than your employer contributed to your injury, such as an equipment manufacturer or negligent contractor.

Working with an Attorney

Navigating the workers' compensation system and pursuing third-party claims can be complex, especially while dealing with an injury. This is where working with an experienced workers' compensation lawyer can be invaluable. A lawyer can help you:
- Understand your rights and the compensation you may be entitled to
- Gather evidence to support your claim, such as medical records and witness statements
- Negotiate with insurance companies and other parties involved in your case
- Represent you in court, if necessary

Philadelphia workers' compensation lawyer Ryan Zavodnick agrees that when choosing an attorney, you should look for someone with experience handling workplace injury cases similar to yours. Many attorneys offer free initial consultations, which can help you understand your options and decide on the best course of action.

Protecting Your Rights

In addition to seeking compensation, it is essential to be aware of your rights as an injured worker. Your employer cannot retaliate against you for filing a workers' compensation claim or reporting an unsafe work environment. If you face discrimination or harassment after reporting an injury, you may have grounds for an additional legal claim.

It is also important to follow your doctor's treatment plan and attend all scheduled appointments. Failing to do so could jeopardize your claim and make it more difficult to obtain the compensation you deserve.

Workplace injuries can have a profound impact on an employee's life, both physically and financially. By understanding your rights and taking prompt action after an injury, you can protect your health and well-being while seeking the compensation you deserve.

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Posted - 03/25/2024