Is Your Workplace Dangerous? It’s More Likely Than You’d Think.

Posted by on Aug 14, 2017 in Workers' Compensation | 0 comments

Most people like to think that their workplace is a safe place. In reality, the workplace can cause harm or damage to employees, and companies don’t always act in their employees’ best interests. If you’ve been injured at work, going to the doctor immediately can increase your chances of compensation.

When determining if you have a viable work injury case on your hands, it’s important to discuss your case with an attorney. Some people believe a work-related injury should be compensated when in reality, the injury was caused by in some way by the injured employee. But if the injury was caused by mismanagement, overly relaxed safety regulations, poorly regulated or faulty equipment, or a dangerous environment, you could be able to earn repayment concerning the injury.

For example, common work-related injury cases involve chemicals in the work environment that damage human health such as asbestos. But cases can also include injuries obtained from work-related outings and events or exposure to hazards in the workplace. Assaults and workplace violence can also occur, as well as OSHA violations, falls, and crime. In fact, according to OSHA, every year there are more than 45000 work-related deaths. OSHA is an organization that attempts to place safety and health standards for workplace environments, so a failure of businesses to abide by these regulations may be to blame for your work-related injury. And the National Center for Biotechnology Information tells us that 30% of chemically-induced burns occurred in the workplace. Chemicals can also incur long term effects on the health and well-being of employees, so it’s especially important to discuss the specifics of your work related injury with an attorney.

For the best chance at winning compensation in a work related injury case, there are several things to avoid. First, if you wait too long to make a claim concerning your injury, your case might become null. Every state has different worker’s compensation laws, which includes a time frame for reporting injuries and making claims. Therefore, make your claim in a timely matter.

Second, if you don’t disclose all of the symptoms and problems arising from the injury, you might miss out on deserved compensation. For example, work related injuries can cause physical harm, mental harm, and monetary and property damages. Be sure to discuss all of the ways the injury has impacted your life.

Lastly, choosing not to have legal representation is often a big mistake that can lead to the loss of compensation. It takes a skilled team of professional attorneys to navigate the ins-and-outs of such cases, as finding loopholes and legal footholds are often difficult for an inexperienced person. It usually doesn’t hurt to consult an attorney to determine whether your case is viable and you might be eligible for compensation. From there, you can decide on the best route of action.

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Wrongful Termination after a Workplace Injury

Posted by on Oct 12, 2013 in Employment Law, Workers' Compensation | 0 comments

Work can be stressful, even when you are doing your dream job. There are things that may sometimes get the best of you, causing you to lower your guard and get injured in the process. Workplace injury is a very common thing that can happen to just about anyone. Even the most careful worker can be injured because of negligence of another worker, which can account for worker’s compensation benefits. However, be informed that being injured in the workplace is not grounds for termination.

A lot of workers who have been away from work for a long time due to injury or sickness and are on worker’s compensation have expressed their worries about being fired by their companies. This is why it is important to know that each and every worker is protected by various laws against unlawful termination, such as the from the Department of Labor, civil rights act, Equal Employment Opportunity laws, according to Cary Kane LLP. Loss of employment because of long absences due to workplace injury constitute for wrongful termination that can be a basis for a job loss lawsuit.

Because workplace injury covers a worker’s right for compensation, it is against the law for an employer to discriminate or fire a worker because of absences caused by the injury and the rehabilitation that comes with it. Based on an article from Scudder & Hedrick, PLLC, if you have a contract with an employer that guarantees a certain time frame and then these terms are violated, then you can contact an employment attorney to help you in your legal action.

When filing for wrongful termination because of workplace injury, it is important to remain calm and be honest about all the details to your employment lawyer. Being loud, angry or fighting with your employer can be too risky as it can be used against you, making you lose integrity in your case. When you have already filed your lawsuit, inform your lawyer beforehand about contacting your employer, co-worker or anyone that is associated with the case. Most wrongful termination cases are aimed for monetary compensation, although a worker can ask for reinstatement of employment and/or penalties that can be placed on the company that is at fault.

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