Personal injuries can happen anywhere at any time. Depending on the location and the ability to assign blame, you could be entitled to compensation. Many personal injury cases take place on commercial property, where building owners fail to take enough care to protect visitors and customers. For example, slipping on a wet floor with no warning marker in place could result in a lawsuit if the victim suffers injuries. The same goes for city property, such as an icy street or broken sidewalk, with no attempt to make it safer for residents.
Then, there are all the personal injury cases that occur in the workplace. These can vary so greatly in their form and severity that personal injury law firms have specialists working on workers’ compensation cases. Workers’ compensation lets those affected claim against their employer when an injury or ongoing condition is the direct fault of the employer’s negligence. Below are some of the different forms of workplace injury where claimants may be entitled to compensation.
Sudden Injuries Vs Indirect Injuries
When talking about personal injuries in the workplace, many law firms will focus on the sudden injuries that come from unsafe working conditions. However, as seen at https://www.tomfowlerlaw.com/, there are also many indirect injuries that qualify for workers’ compensation.
1) Injuries from machinery
Starting with direct injuries, personal injury lawyers often see cases related to machinery. This could be a situation where a piece of equipment was faulty, and that fault led to a significant physical injury. Or, maybe you were expected to operate something without appropriate safety equipment or training and were injured as a result.
2) Chemical burns
Jobs involving dangerous chemicals also require appropriate training and safety equipment to ensure that nobody gets hurt. Companies that fail to provide this are liable if workers then end up with burns or other injuries from mishandling those chemicals. The same goes for anyone working around high heat, gas lines, electricity, or other life-threatening hazards.
3) Falls from height
Another direct injury is damage from falling from a height. These are common because a slip or misjudged step in an industrial space can lead to serious back and neck problems. There’s also the risk of concussions from head injuries. Companies may be to blame if the area isn’t secure or workers aren’t provided with the right safety gear.
4) Back and neck problems
Back and neck problems aren’t always the result of direct injuries. Many workers will find themselves dealing with chronic problems that worsen with time. Neck strains, back spasms, or spinal misalignments could be due to hard physical labor, poor working conditions, or long hours without suitable breaks. Those who struggle with their quality of life or need to reduce their hours may be able to make a claim.
5) Repetitive strain injuries
It’s a similar situation with repetitive strain injuries. Workers can end up with long-term pain and mobility issues with damage to their joints and tendons. Often, this comes from repeating the same physical movement over and over again without time to rest and heal. Industrial workers can experience this when using the same tools day after day. Office workers without ergonomic adaptations or regular breaks may also be able to make a claim.
6) Headaches
Another factor is chronic headaches. These headaches can come from various sources. Some are due to the repeated use of loud machinery with heavy vibrations. Others come from the stress of trying to handle a high-pressure job without sufficient support. When headaches become so common that they inhibit your quality of life, it’s time to talk to a personal injury lawyer.
Claiming For Workers’ Compensation for Personal Injuries
The ability to claim a personal injury lawsuit against an employer depends on two factors. First, you must prove that you were injured and that this had a detrimental impact on your life. With enough evidence, you can claim economic and non-economic damage. Qualified personal injury lawyers can help with that. Then, you must prove that your employer’s negligence led to that injury and subsequent suffering.
Economic damages
Economic damages are pretty straightforward and should be easy to use if you’ve kept all your records in order. You’ll look to make claims to cover the direct financial costs associated with your workplace injury. Medical bills are a big part of that. This includes any expenses related to hospital visits, treatment plans, physical therapy, or mental health care. You can also claim for a loss of earnings. This is a big part of worker’s compensation claims because you can prove that the actions of your employer stopped you from being able to carry out your duties and collect your salary. The company may have tried to replace you in your absence, but you can make a claim that brings you some justice.
Non-economic damages
Non-economic damages are a little different. This is where a claim focuses on the pain and suffering caused by a workplace injury rather than the financial cost. This pain could be physical, mental, emotional, or a combination of all three. You can prove physical pain from pain journals and photo evidence of injuries. Testimonies from other people, including spouses and therapists, can help determine mental and emotional suffering. For example, you might not have suffered serious injury from a malfunctioning machine, but you might have serious anxiety about going near one again.
Proving Negligence
You then need to prove that all that pain and suffering and the financial costs of the accident were the fault of your employer, not yourself. If you didn’t wear the safety equipment provided or deliberately skipped a training session, that’s on you. If you can prove the equipment and training were never on offer, that’s on the company. You may also be able to prove that the machinery in a facility hasn’t been serviced or is out of date. Use whatever you can to make your case.
Find A Skilled Personal Injury Lawyer
Workers’ compensation cases are stressful and require a lot of strength. You’ll be opening emotional wounds and reliving events while going up against your employer. Yet, all of that will be worth it if you can get justice and help make your workplace safer for other people. So, contact a personal injury team today and see how they can help.
