Employers are legally required to provide all their workers or employees with a hazard-free and healthy working environment, but workplace accidents can occur even in the most secure environments. An injury sustained in the workplace can cause serious medical complications and financial losses, including lost wages.
A workplace injury could also impair your ability to return to work and do what you do best, resulting in lost wages. In addition to these concerns, a workplace injury can put you into unaffordable medical debt, including hospitalization costs, surgeries, physical therapy, doctor's visits, and more.
Although it could seem like you have few or no options after sustaining a workplace injury, that is not the case. Your employer's workers' compensation insurance could cover the losses resulting from a work-related injury.
A skilled and experienced injury attorney can help you prepare your claim and guide you through the filing process, increasing your chances of securing maximum compensation for your losses. If you or a family member has suffered a work-related injury, you could be eligible to receive compensatory damages for your losses.
The Difference Between Workers' Compensation and Civil Lawsuits
The legal procedure for filing a compensation claim after sustaining a work-related injury or illness depends on your work status. You could qualify for compensatory damages by filing a workers' compensation "comp" claim if you are an employee. However, an independent contractor must file a civil suit against the liable or at-fault party to receive damages for his/her losses.
Your injury attorney can offer you the necessary legal help and help you seek compensation for a workplace injury. Some of the notable differences between these two avenues of seeking compensation after sustaining a work-related injury include the following:
- Workers' compensation claims could be resolved within 30 days, but a civil lawsuit can take months or several years to resolve.
- Unlike a civil lawsuit, filing a workers' compensation claim is cost-free.
- Unlike a civil lawsuit, workers' compensation allows you to receive damages even if you are liable for your injuries.
- Unlike in a civil lawsuit, when you file a workers' compensation claim, the compensation you will recover for your losses is limited.
Generally speaking, employers are legally obligated to carry workers' compensation coverage insurance to compensate their employees when an on-the-job injury occurs. Employees covered by workers' compensation could be anyone who works for another person, whether legally or not, with or without a signed written contract.
You will not qualify for workers' compensation benefits if you are an independent contractor with a work-related illness or injury, but that does not mean you will not receive damages for your losses. You can obtain substantial compensation for your losses by filing a civil lawsuit against the at-fault party and demonstrating to the court with proper evidence that his/her negligence was the cause of the accident or injury.
If you completed and signed 1099 paperwork before starting your job, the company or the person you work for considers you an independent contractor. However, this does not necessarily imply that your employer is right, and your attorney could prove otherwise, meaning you deserve workers' compensation benefits.
How to Prove a Work-Related Injury
If you sustained an injury at work, proving that your employer was negligent or careless is unnecessary to recover compensation for your losses. Workers' compensation is a no-fault insurance policy, and you will most likely be compensated if you can show with proper evidence that your injury occurred while performing your work duties.
In the case of a workplace or occupational injury, your attorney must demonstrate that your workplace conditions caused or contributed to your condition. That means your injury was not due to the progression of an existing medical condition or injury.
Like in civil lawsuits, the burden of proof in a workers' compensation claim is a preponderance of the evidence, meaning there are higher chances (typically 51% and above) that your condition or injury is work-related. Below are a few examples of work-related accidents:
- A receptionist sustains an injury when a light fixture component falls on him.
- A factory employee becomes sick after accidentally inhaling toxic fumes.
- A construction worker falls off of a ladder or scaffolding.
- An employee slips and falls on a slippery, freshly cleaned floor in his/her office.
- A white-collar worker sustains injuries in an auto accident when going to meet a potential client or customer.
If you are an independent contractor seeking damages for your losses, you should be ready to show the court that the alleged at-fault party was negligent. That means he/she owed you a duty of care that he/she breached, resulting in your injuries. Further, your attorney must prove to the court with appropriate evidence that you incurred losses after sustaining these injuries to receive compensatory damages.
Your medical and rehabilitation bill receipts could help prove you incurred losses due to your employer's or any other party's negligence.
Whichever the case, you deserve adequate compensatory damages for your losses if you sustained a workplace injury or illness. Having a reliable injury attorney on your side during the claim process can mean the difference between substantial compensation for your losses and a rejected claim.
Damages You Could Recover on Your Workplace Injury Claim
If everything goes in your favor, you will receive compensatory damages for your losses. Generally speaking, you will receive compensation for the following:
- All your medical expenses, including home healthcare providers, surgeries, prescription drugs, occupational and physical rehabilitation, and transportation costs to and from different appointments.
- All medical equipment you need to live a comfortable life, including wheelchairs, oxygen concentrators, hospital beds, prosthetics, and any other items.
- Lost wages from the date of your injury.
- Temporary and permanent disability resulting from the injury, including lost earning capacity.
- Loss of enjoyment in life.
- Vocational rehabilitation or job training.
The above-listed benefits are available in a workers' compensation claim to:
- Limit the burden on you while undergoing treatment.
- Ensure you have the chance to return to your job, if possible.
- Reimburse you for any permanent injury you have caused by the work-related injury or illness.
Depending on your preferences and the facts and circumstances of your unique case, you could receive this compensation through monthly payments or a settlement. Your attorney can help you decide whether to receive monthly payments or a settlement for your losses.
If an independent contractor dies after sustaining a severe work-related illness or injury, his/her surviving family members can file a wrongful death lawsuit to recover compensatory damages for the loss. Family members eligible for damages in a wrongful death lawsuit include:
- The spouse.
- Children.
- Siblings.
- Parents.
- Grandparents.
If everything goes to your advantage, you will be eligible for death benefits for the following types of losses:
- Burial and funeral expenses not exceeding $10,000.
- Loss of financial support (you will receive two-thirds of the average monthly income or wage the deceased earned).
- Loss of companionship.
If the deceased had no child, the spouse would receive the payment for the rest of his/her life. However, if he/she had children, the spouse or wife would receive half of the payment, and the children would split the remaining half until they reach eighteen (18) years old.
When Would I be Ineligible to Obtain the Above Compensatory Damages?
You could be ineligible for compensation if you were impaired or under the influence of alcohol, unlawful drugs, or prescription drugs when the workplace accident occurred. Being under the influence means you cannot do your activities as a sober person would under similar circumstances. You could also be ineligible for damages or workers' compensation benefits if you intentionally injured yourself.
Otherwise, you should be an excellent candidate to receive compensatory damages or workers' compensation benefits if you were injured while on the job or performing any work-related duty. That is true even if your injuries were due to an auto accident while traveling for job-related duties.
Situations When You Can File a Workplace Compensation Claim Against a Third Party
Sometimes, another party other than your employer could be totally or partially liable for your losses after sustaining a work-related injury. Below are a few instances when that is possible:
- If you sustained your injury due to a defective part of factory machinery or equipment, the maker or manufacturer of that defective part could be financially liable for your losses under product liability law.
- If a vehicle runs over you while making deliveries or performing any work-related duty, the motorist could be liable for your injuries, especially if he/she was intoxicated or speeding.
These situations are known as third-party compensation claims. When you file a third-party claim, you will receive substantial damages greater than you would receive in a workers' compensation claim against your employer if you win your case.
Speak with your attorney to know whether your work-related injuries could qualify for a third-party compensation claim to receive damages for your losses.
Unlike workers' compensation claims, there is no limit or cap on the damages award you could receive if your third-party lawsuit is successful. How much you will recover will depend on the available evidence and your attorney's aggressiveness.
Types of Workplace Injuries Covered Under Workers' Compensation Law
The key to winning a workers' compensation claim is showing the connection between your injury or illness and the scope of your job or work duties. The specific type of injury you would likely sustain in your workplace depends on the available hazards. For instance:
- Workers in a warehouse are at risk of having objects fall on their heads or sustaining bone breakage or fractures due to repetitive movements.
- Receptionists or other people whose work requires them to sit for a prolonged period could be at risk of suffering carpal tunnel syndrome.
- Painters are at risk of fall injuries because their job often involves climbing tall heights using scaffolding and ladders.
Generally speaking, if you sustain any of the following work-related injuries or occupational diseases, you could qualify for compensatory damages in a workers' compensation claim or injury lawsuit against the liable party:
- Contusions.
- Perforated organs.
- Lung problems.
- Maiming.
- Fractured bones.
- Hearing or vision loss.
- Spinal injuries.
- Traumatic brain injuries.
- Cardiac arrest.
Death is also possible and common for employees or workers with risky work duties, including police officers and firefighters.
Critical Steps to Take After Sustaining a Work-Related Injury or Illness
What you do right after sustaining an injury or discovering you have a work-related illness can determine whether or not you will receive compensation for your losses.
Report the Injury or Illness to Your Employer
Even if your work-related injury is not serious, you must report it to your employer within seven days of the incident by filling out and submitting Form C-1. Once completed, you should return it to your employer on time.
It is worth noting that your employer could deny a compensation claim if you fail to hand over this notice of injury.
Seek Medical Treatment
Even if your injury or illness seems non-severe, seeking medical attention from a qualified and approved doctor for examination and treatment is crucial. Some injuries could seem minor, but they can worsen with time, leading to costly treatment bills. Your employer could recommend doctors you can consult to receive treatment for your injuries.
Remember to tell your doctor that your injury is work-related and that you want him/her to complete Form C-4 during your appointment.
Consult With an Injury Attorney
If you have a friend, family member, or colleague who has previously worked with an injury attorney, he/she can recommend an attorney to help prepare and file your claim. A seasoned attorney can increase your chances of securing substantial compensatory damages for your losses resulting from workplace injuries.
Submit Form C-4 to Your Employer's Insurance Provider
Your compensation claim process begins once you serve your employer's insurance provider with Form C-14 to notify them of your work-related injuries and medical expenses.
Document Every Detail About the Collision or Accident That Led to Your Injuries
If you forgot to photograph the accident scene, write down every detail you remember about the incident as soon as possible. Write in your diary what happened, what you saw, whether there were eyewitnesses, and what you wore, including personal protective equipment (PPE).
All this information can strengthen your compensation and increase your chances of recovering substantial compensation for your losses.
Seek Continued Medical Treatment
Some injuries could require continued medical attention to heal and prevent the problem from worsening. Seek continued medical treatment from a doctor approved by your employer's workers' compensation insurance policy.
Whether you want to submit a civil lawsuit or a workers' compensation claim, the process will require strict procedures and paperwork to support your claim. However, if you have an experienced workplace injury attorney, he/she will handle this on your behalf and help you fight for substantial compensation for your losses.
The Time Frame You Have to Submit a Workplace Injury Claim
If you have sustained an injury in your workplace, you should act on time to avoid losing your chance to obtain damages for your losses. As mentioned in the previous paragraph, you should inform your employer about your work-related injury within seven (7) days of its occurrence. Then, file your workers' compensation claim within thirty (30) days after sustaining the injury.
On the other hand, independent contractors have up to two (2) years from the date of injury to sue the at-fault party. This time limit for filing a civil lawsuit is known as the statute of limitations.
You must comply with these deadlines if you want compensation for your injuries and other losses resulting from the work-related accident. If you fail or refuse to file your claim within this deadline as required, you will lose your right to sue the at-fault party for compensatory damages afterward. A seasoned attorney can manage your claim and file it on time to obtain compensation for your losses.
How Your Employer Could Challenge Your Claim
Your employer or his/her attorney could use the following defenses to delay or stop their insurance provider from providing compensatory damages for your work-related injury and associated losses:
- You were off duty when the accident occurred.
- You injured yourself intentionally or
- You were doing activities that were outside the scope of your employment.
- You do not require a break to recover or heal from your injury.
Even when your employer denies your claim, all hopes of obtaining compensation for injuries are not lost. Your injury attorney can help you file an appeal and attach the necessary evidence to increase your odds of obtaining substantial compensation for your losses.
Find a Workplace Injury Attorney Near Me
Our reputable attorneys at the Las Vegas Personal Injury Attorney Law Firm can help you if you have sustained an injury or suffered an illness in your workplace. We have several years of experience representing clients with workers' compensation claims and injury cases, and we can help you pursue substantial damages for your losses.
Call us at 702-996-1224 to discuss your case with our understanding injury attorneys.
