When you suffer a workplace accident, or any other mishap for that matter, your personal injury has value. When you miss days or more of work and medical bills start piling up, it helps to know exactly how much compensation you are entitled to. Based on who is liable for your injury, the extent of your condition, resulting damages, and available insurance, an experienced personal injury attorney can help you calculate exactly how much your injury is worth.

Common Work-Related Injuries
Some of the most common workers’ compensation injuries include:

  • Slip and fall accidents.
    • This is the most common type of work-related injury. Slipping and falling at work can cause sprains, strains, bone fractures, joint dislocations, torn muscles or tendons, and more. The arms and legs are particularly prone to being affected in the scenarios.
  • Cuts and lacerations.
    • Workplace cuts and lacerations can range in severity anywhere from an infected gash, to a severed finger or other extremity.
  • Overexertion.
    • Being overworked can lead to Repetitive Strain Injuries, recklessness due to exhaustion, and even mental conditions such as PTSD. While these injuries are more difficult to prove, it’s not impossible with the right personal injury attorney.
  • Inhalation of toxic fumes, which can lead to lung cancer, occupational asthma, and other breathing conditions.
  • Repetitive Strain Injuries, such as carpal tunnel and rotator cuff injuries.
    • Repetitive Strain Injuries, or RSIs, are injuries that develop over time due to repeating the same motions over and over again for hours at a time. These injuries can happen from typing at a desk every day, writing, playing certain instruments, etc.
  • Being hit by falling objects.
    • Head injuries are especially serious. Whether it’s a concussion or a skull fracture, seek medical attention immediately after any type of head trauma.
    • Blindness can be caused by exposure to harmful chemicals, shards of glass or metal, and particles in the air. According to OSHA, your employer is required to supply employees with the necessary safety equipment needed for the job, such as safety goggles, gloves, ear plugs, and helmets. If this has not been the case in your work environment, tell your lawyer! This information is relevant to your case.
  • Deafness, which is often caused by excessive exposure to loud noises.
    • Deafness is commonly caused in work environments such as warehouses and factories with a lot of heavy machinery.

Sometimes, these accidents can even cause the affected member of your body to become permanently disabled. The location of your injury helps dictate how many weeks of compensation that can be paid to you for either scheduled or non-scheduled permanent partial disabilities. Click here to view our chart of injuries and their corresponding number of weeks of paid compensation.

Who’s at Fault?
When a claim is made, things aren’t always cut and dry. Sometimes people share liability, which is pretty common with car accidents. During your first phone call about the incident with your insurance company, they will try to determine who is at fault with questions designed to benefit the company- not you. This is why it’s important to speak to your lawyer first.

When it comes to work-related injuries, the employer is not always to blame. If you were hurt by a faulty piece of equipment or a hazardous substance that you were led to believe is safe when used correctly, the manufacturer of said product may be liable.

If you were injured by a third party such as a customer or a coworker, then you may file a personal lawsuit against them.

However, none of this matters if you can’t prove liability, so remember to take pictures of your injuries, and to gather medical records of your relevant appointments and treatment. Your attorney can assist you in obtaining the evidence you need, and also handle communications between yourself and the insurance company.

Damages
The consequential expenses of your accident largely dictate how much compensation you can get. For example, if you hit your head at work and got a concussion, you won’t have as many related expenses as you would if you fell and broke your leg. Compensable expenses can include property damage, medical bills, punitive damages, lost wages, and pain and suffering.

If your injury has caused you to become permanently disabled, your doctor will determine your disability rating; in other words, whether you have a Permanent Partial Disability (PPD) or a Permanent Total Disability (PTD).

  • PPD means that you have physical limitations that prevent you from completing some jobs and tasks and that you will always experience symptoms, but are still able to have a full-time job.
  • PTD means that the doctor doesn’t think that you will ever be able to go back to being employed in any type of work.

Your disability rating can only be ascertained once the doctor feels that you have reached something called Maximum Medical Improvement, which means that you have recovered as much as physically possible. Your attorney can inform you about the different types of disability benefits you may qualify for.

How Much Coverage?
If you or the guilty party are uninsured, you might not be able to collect reparations at all. If the liable party’s insurance limits aren’t enough to cover all of the damages, you may be able to file a personal lawsuit instead.

I’ve Been Offered a Settlement- Now What?
If you’ve been offered a settlement, don’t accept it until you’ve spoken with a personal injury lawyer. Once you accept a settlement, your case is closed. After your case is closed, you may not receive any more financial assistance from your insurance.

  • If you’re going to need more medical treatment for your injury in the future such as prescriptions or physical therapy, a settlement may not cover everything.
  • The settlement might not be enough to compensate you for what you’ve already paid for yourself or the things that still need to be paid for.
  • The settlement may not be enough to cover your living expenses on medical leave, especially if you don’t know how long you will be unable to work, or if you will be able to return to work at all.
  • Accepting a settlement might affect your social security, Medicare, unemployment, or other benefits.

The offer may sound like a lot of money, but in reality, the other party may not have properly calculated how much you will need. Before accepting, speak with a lawyer for legal advice that will help you understand what all of your options are. Your attorney can also help you negotiate a higher settlement.

If you or a loved one have suffered an injury, contact us for a free legal consultation. We’ll give you an estimate of the value of your injury and fight for the compensation you deserve.