On average, there are almost three million injuries at work every year in the United States of which more than 5,000 lead to death. Injuries can be sustained for a variety of reasons from unforeseen accidents to serious negligence and every worker has the right to appropriate compensation if their injuries are due to circumstances outside of their control. In incidents where workers make a claim in the workers’ compensation court, legal representation is very important.
In order to better understand workplace injuries, let’s first look at the most common incidents that are recorded and then look at the benefits that a workers’ compensation lawyer can provide.
What are the most common workplace injuries and when should you make a claim?
The top four most common workplace injuries are caused by overexertion, falls, being struck by something, and crush injuries. In almost all incidents involving these, a mistake has been made somewhere along the line, whether that be overloading of a crate, a slippery floor or inadequate training. Make sure that you report any injury or illness immediately to your employer, supervisor or assigned safety representative, seek appropriate medical care and then consider your legal options.
What benefits does a workers’ compensation lawyer provide?
1. They can Maximize the Potential of Your Compensation Payout
Insurance companies’ enormous profits are not built on them paying out without a fight and an experienced workers’ compensation lawyer is necessary in order to maximize your payout. If there are further complications after the initial case has been settled, your legal team will fight your corner in any appeals. Different states have different arbitration bodies which rule on work related compensation claims. In South Carolina, for example, the Workers Compensation Commission was set up to settle workers’ claims. However, if an employee does not get a satisfactory ruling in front of the Commission they may then appeal to the state’s higher courts. Here too, an experienced law firm is extremely beneficial to their client. As the folks at the Law Firm in Manning, SC explained to us, your lawyer will be with you from the start of your case to the very end. An appeal may be needed if the initial court finds probable cause, or if you are unsatisfied with the compensation awarded. Sometimes an employer or their insurance company may refuse to pay or will only pay a portion of the compensation and your legal team will advise you on the appropriate measures to take.
2. They can Relieve You from the Burden of the Legal Proceedings
Unfortunately the workers’ compensation law can be needlessly complex. There are a huge number of employment regulations all tangled up in miles of red tape that would be near impossible for many of us to make any sense of. At a time when you are already vulnerable after sustaining an injury or coming down with an illness, the burden of a compensation claim can be very overwhelming. An experienced workers’ compensation lawyer will have overseen hundreds of similar cases and will be able to take care of everything that is needed. Many accident lawyers operate on a no-win no-fee policy, so any financial concerns that you may have about the cost of legal representation can be easily resolved. Your number one priority should be recovering from your injury or illness and by entrusting your case to a proven legal representative you will be free to get better.
3. They can Provide Emotional Support and Ensure That Your Legal Rights are Being Protected
If you are injured at work you have the absolute right to file a claim against your employer in the workers’ compensation court, or in some cases against a third party in a civil court. It is illegal for an employer to try and harass or intimidate an employee into not making a claim. A workers’ compensation lawyer is able to ensure that these rights are upheld and to reassure their client of these rights. Often legal proceedings can be very intimidating because most of us are not used to being in court, but an experienced lawyer will support you throughout the proceedings and work diligently to ensure the absolute best possible outcome for you.
Sustaining an injury or falling ill at the best of times can be extremely emotionally and physically debilitating. However, when the cause is an incident at work, the stress can be particularly acute as there are often fears or employer repercussions or being laid off. Going up against the financial muscle of a big corporation or expensive insurance company can be very intimidating and so experienced expert legal representation is always recommended. The most important thing is to know your rights and not let your employer or any of their representatives try to exert pressure on you. A good lawyer will ensure your rights are protected and that you get the compensation you are entitled to.
