A work-related injury is a condition caused by an accident that occurred while on the job. The term covers everything from sprains and lacerations to temporary or permanent disabilities and death.
Some injuries can be mild, while the more severe ones may cause long-term health issues. It is essential to know what rights you have as an injured worker to avoid losing out on any compensation.
Types of Work-Related Injuries
Work-related injuries can be categorized into different groups. Identifying the correct classification for your injury can help determine the best course of action for your case.
Covered Injuries
Accidents under the Workers’ Compensation Act come with a set compensation package. These include any accident on company property or at any company function taking place on your employer’s time.
Occupational Diseases
These injuries occur because of tasks carried out by employees in their usual occupations. They can result from prolonged exposure to certain substances or hazards in the workplace environment.
Statutory Accidents
Workers’ compensation does not cover these, and they do not compensate automatically. Statutory accidents include accidents outside of regular working hours. This can be extended to include traveling between home and work and offsite visits. Legal experts can help you deal with these cases under the personal injury legislation.
Accidents Arising From the Use of Machinery
It includes accidents caused by machines used for the job. An example would be machinery that fails to work correctly and results in an injury. A lawyer can help you identify the reason for the accident and advise you on how to proceed to recover.
Accidents Caused by Drugs
This type of injury can appear in all industries and consists of damages that they do not cover under the WCA or personal injury legislation. These accidents can result from alcohol, prescription drugs, and other substances.
Ways of Dealing With Work-Related Injuries in Court
The specifics of the accident that caused you harm will dictate how to proceed with legal action. A personal injury lawyer can advise how to access compensation and help you seek justice.
Claims Against Your Employer
You may take legal action against your employer, local council, or the government to claim compensation. An example would be if your employer was negligent and decided not to do everything in their power to protect you when they had the opportunity to do that.
In this case, you can claim loss of earnings, pain and suffering, permanent disability, and any other loss such as past and future medical costs. It is essential to note that workers’ compensation may restrict you from suing your employer. To learn a definite answer, consult your attorney.
Lawsuits
When you sue an individual or a company, you may seek damages for the following (and more):
- Medical expenses
- Lost wages
- Pain and suffering
Work-related injuries lawyers in Irving can help determine the damages for which you qualify. Furthermore, legal experts can offer valuable guidance at every step, increasing the chances for a successful outcome.
Claiming Compensation for an Occupational Disease
These situations are very similar to claims made against your employer. You still need to prove that you have suffered a significant injury and explain what type of injury you have incurred. Collect any documentation linked to the accident. The paperwork will help support your argument and strengthen your claim.
A personal injury claim may be the most efficient way of dealing with a work-related injury. This can be challenging to handle, especially if you are not prepared for a trial. However, with legal representation, you can face any obstacle that may come your way.
Final Thoughts
Knowing your rights and standing up for them will help the most when dealing with a work-related injury case in court. Therefore, get the advice you need from an experienced lawyer as soon as possible. Having legal representation can help you throughout the process, so don’t hesitate to ask for a free consultation and speak with an expert.
About the author: Mark Scott
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.