As an employee, you have a right to work in a safe environment that does not jeopardize your safety or health. Yes, despite all the regulations and precautions many job sites have in place, work-related accidents happen every day that result in devastating and catastrophic injuries, debilitating pain, and astronomical medical expenses.
If you or a loved one has been harmed in a work-related accident, you do not have to go through such a traumatic ordeal on your own. At Dolman Law Group Accident Injury Lawyers, PA, we know how disastrous the lasting impacts these work-related accidents can have on your whole family. That is why our work injury lawyers are here for you, ready to provide you the legal help you need to get through this devastating time in your life and fight for the justice and compensation you deserve.
About Dolman Law Group Accident Injury Lawyers, PA
When you have been injured in a work accident, you need a legal team on your side that you can count on. At Dolman Law Group Accident Injury Lawyers, PA, we represent clients injured in all kinds of accidents and provide them the legal assistance they require. With the help of our experience in work injury cases, our clients can find out exactly what happened, who is at fault for their injuries, and what sources of compensation they can pursue.
For decades, our legal team has been committed to providing our clients the personal attention they want, the legal representation they need, and fighting for the money they deserve. That’s why we have won millions of dollars in settlement awards and jury verdicts on their behalf.
We cannot guarantee a result in any particular work injury case. However, when you work with Dolman Law Group Accident Injury Lawyers, PA, we can assure you that we have the resources and knowledge to fight for every last dollar your work injury has cost you in medical expenses, financial losses, and other life impacts.
Common Workplace Injuries
Serious accidents can happen anywhere, but are unfortunately especially prevalent in the workplace. Furthermore, workplace industries can happen in any job, though those in blue-collar jobs are particularly at risk of workplace injuries, from things like heavy equipment and toxic hazards.
While workplace injuries differ based on the circumstances of the accident, some of the more common workplace injuries often include:
Construction and Industrial Accidents
- Traumatic brain injuries from falling equipment
- Spinal cord injuries
- Back injuries from heavy lifting
- Loss of a limb from machinery accidents
- Broken bones or fractures
- Crushed body parts
- Significant burns from explosions
- Loss of eyesight from toxic chemicals
Service Industry Accidents
- Extensive burns
- Deep lacerations
- Soft tissue injuries
- Joint and muscle injuries
Office Setting Accidents
- Slipping, tripping, and falling accidents
- Repetitive stress injuries
- Carpal tunnel syndrome
- Herniated disks
- Neck injuries
- Hand injuries
Potential Remedies for a Work Injury Accident
If you have suffered any of the aforementioned injuries or any other kind of injury in the workplace, you may have two options for remedies that you can pursue.
- Workers’ compensation claims: Workers’ compensation is a form of insurance that provides benefits to employees harmed in accidents during the ordinary course of their employment, regardless of who was at fault. Workers’ compensation is available in some form in every state.
- Personal injury lawsuit: Typically, if you are hurt on the job, workers’ compensation is the exclusive remedy. This means that you cannot sue your employer or a co-worker for your work-related injury. However, if you are injured by a third party (someone other than a co-worker or your employer) or you are not covered by workers’ compensation, or if your injuries are due to intentional acts of your employer or a co-worker, you can normally pursue a lawsuit against the wrongful parties responsible for your injuries.
Trying to figure out how to seek the right remedy after a work-related accident can be more complicated than it may seem. Fortunately, when you work with Dolman Law Group Accident Injury Lawyers, PA, our experienced work injury attorneys can help you determine which legal option is appropriate for you and your specific circumstances.
What To Do if You Were Injured on the Job
Many times, following a workplace accident, the scene can get quite chaotic and overwhelming. However, if you have been injured on the job, you should realize that the actions you take following a work-related incident cannot only protect your health and safety but your legal rights as well.
To get proper care and maximum compensation, you need to:
Get Medical Attention
Following any workplace accident, your priority needs to be your health and getting medical assistance. Even if you believe your injuries are minor, you still need to get examined by a medical professional. Quite often, serious workplace injuries such as traumatic brain injuries can take days to manifest after an accident. But the longer you wait to get medical treatment, the more deadly and damaging these injuries can become.
Besides, getting a comprehensive medical evaluation following your accident can be critical for your workers’ compensation claim or personal injury lawsuit. When you get examined by a doctor, they will write down information regarding your accident and the injuries you endured in their medical report. If the insurance company on the other side tries to argue that your injuries resulted from a subsequent event or a pre-existing injury, this report can provide a direct link between your accident and your injuries, proving the insurance company wrong and protecting your claim.
Discuss the Accident With Your Employer
Once you obtain all necessary immediate medical help, you next need to report the accident to your employer as quickly as possible. Many states often have strict regulations requiring employees to report accidents within a certain time after an accident. However, even if your state does not have such a statute, it is still in your best interest to report this accident as soon as you can.
Prompt reporting of a workplace accident can serve several purposes, including:
- Help you accelerate the processing of your workers’ compensation claims and avoid any unnecessary delays.
- Allow your claim to appear more valid in the eyes of insurance companies and your employer; or, in a lawsuit, court.
- Prevent the same accident from occurring in the future, especially as the Occupational Safety and Health Administration (OSHA) requires employers to take specific steps when an employee reports an accident.
When reporting an accident, you need to make sure you get a record of it writing and also ask for a copy of it for your records. Try to be as specific as possible when filling your report out, and indicate exactly what happened in as much detail as you can remember. When you can provide a well-written report, it can provide you with invaluable evidence, particularly if a dispute arises regarding the events of the accident.
You must gather as much information and evidence about the incident and your injuries as possible to support your claim. Having solid information and evidence readily available can help make sure that you promptly receive the money you need.
Generally, the evidence that you need to obtain includes:
- Photos and videos: If you are able try to take photographs and videos of the accident scene as you can. Include pictures of any torn pieces of clothing, cracked safety gear, and any visible injuries that you suffered. Many workplaces have surveillance cameras; so, if you are too injured to take pictures at the time of your injury, seek to obtain pictures or video footage from any surveillance devices your employer may have.
- Keep medical records: Immediately after a workplace accident, you should keep organized medical records of expenses that resulted from your workplace accident. Keeping good records of medical expenses helps ensure that you can obtain full and fair compensation for the harm you endured.
- Keep a journal: Over time, memories of an accident can fade. However, if you write down everything that happened in a journal, you can make sure that critical facts and details are preserved. You should try to jot down everything you can about the accident as soon after the accident as possible, including what happened, how you feel, the extent of your pain and suffering, the medical treatments you now need, and how this incident and your injuries have changed your life.
- Get witness details: If there were people at the accident scene who saw what transpired, get in contact with them as soon as possible and try to obtain witness statements. Witness statements can often provide crucial evidence about what happened to help back up your claim. If a witness is hesitant to offer you their information, do not push them. Instead, look for assistance from an experienced work injury attorney; such as those at Dolman Law Group Accident Injury Lawyers, PA; for help collecting the evidence you need.
- Employer correspondence: Following the accident, you should create a folder to hold copies of any written correspondence you have had with your employer regarding your accident and injuries, such as emails or letters. Additionally, if you took notes about any communication you had with your employer regarding the incident, keep those notes in the folder as well.
Contact an Experienced Work Injury Lawyer
If you have been involved in a work-related accident, it is in your best interest to contact an experienced work injury attorney immediately. Your work-related injury claim can involve numerous issues, and a lawyer can help you through the legal complexities of them all.
For instance, consider the following problems that can arise:
- Your workers’ compensation claim is denied: Unfortunately, insurance companies deny workers compensation claims, for many different reasons. However, when you have a skilled work injury attorney on your side, they can file the necessary paperwork needed to appeal, in the event you receive a denial.
- Your disability rating is disputed: Workers’ compensation benefits often apply to your permanent disability benefits. Typically, these benefits are calculated based on a person’s permanent disability rating. If the insurance company does not agree with this rating, they will often try to lower this disability rating by getting you to attend an independent medical examination (IME) with a doctor of their choosing. They do this so that they can pay you less in benefits. However, working with an experienced work injury lawyer can ensure you get the higher rating you deserve and fight for a fair settlement.
- You have trouble getting treatment: The insurance company will try to do anything it can to delay or deny approving your costly medical treatments. Yet, when you retain an experienced work injury attorney, they can help put pressure on the insurance company and make sure your necessary treatments are approved promptly.
- You have a pre-existing condition: Generally, when you have a pre-existing injury involving the same body part you injured at work, it can be challenging to get the insurance company to approve your claim. In most cases, the insurance company will blame your injury on your previous injury or condition rather than what happened at work and deny your claim. You shouldn’t be punished for having a pre-existing condition, and an experienced work accident injury attorney can help ensure that you aren’t.
- You can no longer work: In some instances, you may never work again following a work-related accident. Under these circumstances, you need to maximize your benefits and ensure your workers’ compensation benefits are structured in a way to last into the future. On the other hand, if you can work but need to change careers because of your work-related injury, you need to make sure you secure training for your new line of work. When you have a work injury attorney fighting for your rights, they can help you recover the amount of compensation you need, whether you can no longer bring in income or are forced to take on work that earns much less.
- You have a scheduled workers’ compensation hearing: If you find that the insurance company provided you a meager settlement offer or refuses to settle your claim, you will need to prove your case at a workers’ compensation hearing to be fairly compensated. Since this process is similar to a trial, it is in your best interest to have an experienced work injury lawyer advocating on your behalf and going after the maximum compensation you deserve.
Work Injury FAQs
Nobody expects to be injured on the job. Yet, workplace injuries happen every day and often result in devastating harm that forever impacts a person’s life. These situations are only made worse in the sense that obtaining fair compensation for these injuries can be incredibly difficult. Fortunately, you do not have to go through this challenging situation on your own. At Dolman Law Group Accident Injury Lawyers, PA, we have represented numerous work-injury-related claims and want to help you get the justice you deserve.
Even though each state has its own workers’ compensation laws, some aspects apply across the board when it comes to protecting your rights. To clear up some of the confusion surrounding work-related injury accidents, we provide the following FAQs. Make sure to contact us for advice about your specific case. But, in the meantime, read on for answers to some of the questions you are likely to have after a work injury.
1. How do I know if I am eligible for workers’ compensation?
Almost every state requires all employers to carry workers’ compensation insurance to cover their employee’s job-related injuries. While some employers may be exempt, if you receive a regular paycheck from the business you work for, you are likely eligible for workers’ compensation.
However, if you have any questions regarding the specific eligibility criteria and whether you are covered, make sure you contact the law offices of Dolman Law Group Accident Injury Lawyers, PA, immediately. Our experienced work injury lawyers can provide you the answers you need.
2. What exactly does workers’ compensation cover?
In general, workers’ compensation insurance covers medical expenses, ongoing care costs, lost wages, and funeral and burial expenses for those employees who are injured on the job, become sick, or die from a work-related illness or accident. However, some situations are not covered under this insurance.
While they vary from state to state, exemptions from workers’ compensation coverage include:
- Injuries that are sustained in a fight the claimant started
- Intentional injuries
- Injuries because the employee was intoxicated at work
- Emotional injuries that have no physical workplace trauma accompanied to them
3. How much money can I obtain from a workers’ compensation claim, following a work-related injury?
In general, workers’ compensation provides two types of benefits—disability and medical. Disability benefits usually provide partial coverage for your lost wages while you cannot work because of your injury. Medical benefits cover the costs of treating, diagnosing, and rehabilitating your work-related injury.
The specific amount of money you can recover from a workers’ compensation claim will depend on:
- The extent and severity of your injury
- How long you cannot work
- Whether you can ever return to work
- Whether you have to change jobs because of your injuries
- What your salary was at the time of your injury
When pursuing these benefits, it is essential to talk to an experienced work injury lawyer. These attorneys can help ensure that you are getting the full benefits you deserve. And, if you are not, they can fight for the compensation you need.
4. If I was hurt in a work-related accident, what are all the legal remedies I can pursue?
If you were hurt in a work-related accident, your remedy is often limited to filing a workers’ compensation claim, which means that those injured in an accident cannot file a lawsuit against their employer. However, if the worksite injury resulted from a third party’s negligent actions, then you may file a personal injury lawsuit against all those responsible (other than your employer or coworker). You might also sue for intentional injurious acts by an employer or coworker.
To determine what options you have and what remedies you can pursue, it is best to consult a skilled and knowledgeable work injury lawyer. At Dolman Law Group Accident Injury Lawyers, PA, our legal team can determine not only if you have a viable claim and your legal options, but that we pursue maximum damages for your injuries.
5. Can I still pursue a lawsuit for my injuries if I am collecting workers’ compensation benefits?
Yes, you can collect workers’ compensation benefits and pursue a lawsuit against an at-fault third party, as long as the third party is not your employer or a coworker. However, it is essential to note that if you recover any compensation from the third- party, the workers’ compensation carrier may have a right to get all or some of their money back from your recovery. Thus, if you are contemplating bringing a lawsuit against a third party, in addition to receiving workers’ compensation, it is worthwhile to contact an attorney to determine how much more compensation you could receive.
6. Following my work injury accident, is there a time limit to bring my injury claim?
Every state has a statute of limitations law that sets the maximum amount of time an individual has to file a claim. If a work injury accident victim does not bring their suit within that allotted time, they can’t pursue compensation for their losses and injuries.
However, there are exceptions, and even exceptions to the exceptions, which can shorten or lengthen the amount of time you have to file your case. Thus, if you want to ensure that your rights remain protected and you obtain the money you are entitled to, you should contact an experienced work injury attorney as soon as possible. Our work injury lawyers can determine how much time you have to file your case and make sure that all of your legal documents are filed accurately and before time runs out.
7. Are there any legal remedies available if I was injured at work but my employer does not carry any workers’ compensation insurance?
Yes. If an employer does not carry workers’ compensation insurance and an employee is harmed on the job, the injured employee can generally sue their employer for any damages and injuries they endured. The law, however, varies from state to state.
Additionally, when you file a lawsuit against your employer, you can receive full compensation for your injuries that is often not available under workers’ compensation, such as pain and suffering damages.
Discussing your options with a work injury lawyer can ensure that you receive full and fair payment from all those at fault for your accident and resulting harm.
8. How do I show that another party was responsible for my work injury?
When you are pursuing a workers’ compensation claim, you are not required to prove fault to obtain compensation for your injuries. Typically, you can obtain medical and wage benefits related to your work injury without showing anyone did anything wrong. In fact, you can even cause your injuries and still get workers’ compensation benefits. Even so, if your injuries are severe, workers’ compensation benefits might not fully compensate you for all the harm you endured.
To fill in the gap, you might need to sue a third party at fault for an accident. If you want to pursue a personal injury lawsuit against a third party, you need to show that this party was responsible for your injuries. To do that, you need to prove that the individual’s intentional, reckless, or negligent actions caused your harm. Third-party work injury accident claims are typically based on a theory of negligence.
To prove negligence, you need to establish:
- Duty of care: The at-fault party owed you a duty of care, or a duty to act in a certain safe and responsible manner
- Breach: The at-fault party breached (violated) this duty of care
- Causation: This breach was the direct and proximate cause of your harm and injuries
- Significant damages: You suffered substantial losses and damages from the accident
It can be difficult to prove a third-party personal injury claim. However, when you work with Dolman Law Group, Accident Injury Lawyers, PA, our lawyers can quickly get to work investigating your accident and securing the critical evidence needed to prove fault and damages.
9. What types of compensation do I deserve if I pursue a third-party lawsuit for my work-related injuries?
If you have been injured in a work-related accident because of a third-party’s negligent or wrongful actions, you may be entitled to certain types of compensation.
This compensation often includes:
Economic damages: These damages usually involve measurable losses that result from the accident, including:
- Medical bills including past, present, and anticipated future medical expenses such as surgeries, doctor visits, hospital stay, and even prescription medication
- Lost wages
- Lost earning capacity
- Personal property repairs
- At-home nursing assistance
- Rehabilitative services such as physical therapy and occupational therapy
- Replacement services such as childcare services or cleaning services
- Other out-of-pocket expenses
Non-economic damages: These damages involve less tangible losses that are not easy to quantify, such as:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment and quality of life
- Loss of companionship
- Loss of reputation
- Loss of a limb
- Scarring and disfigurement
10. Can I sue my employer, instead of collecting workers’ compensation, if their negligence caused me to suffer a work-related injury?
Typically, workers’ compensation claims are the exclusive remedy if you have suffered a work-related injury. Consequently, you are barred from filing a lawsuit against your employer, boss, or coworkers for the harm you endured. But, in some rare instances, there are exceptions to this rule that allow you to pursue legal action against your employer. For example, if your employer’s conduct was intentional, or was so reckless and egregious that it resulted in a complete disregard for your health and safety, then you may file a lawsuit against them.
However, before you decide whether this situation applies to you, you should understand that these cases are quite rare. Speaking with an experienced work injury lawyer can clear things up and help you determine whether a lawsuit, separate from collecting workers’ compensation, is worth your time.
11. Why do I need to contact Dolman Law Group Accident Injury Lawyers, PA, following my work-related accident?
If you have been harmed on the job, you deserve legal help that has the experience and dedication to take on your claim, especially since work-related accidents can be incredibly complicated and difficult to prove. Fortunately, when you retain Dolman Law Group Accident Injury Lawyers, PA, you do not need to worry about handling these complex legal issues on your own.
Our experienced work injury lawyers know what it takes to prove these challenging claims, fight for the money you need, and provide you the legal help you require, including:
- Going over your case in detail, ensuring your lawsuit’s validity, and determining the legal options you need to pursue.
- Answering any questions or concerns you have regarding your claim and the legal process involved.
- Guiding you through the whole legal process and making sure you understand what is going on and what is happening next.
Investigating the accident thoroughly and making sure to obtain the critical evidence needed to prove fault and damages.
- Ensuring critical legal documents are timely filed.
- Bringing in the experts such as accident reconstructionists, engineers, doctors, and economists to substantiate your claims.
- Handling all discussions and negotiations with the insurance company.
- Taking your case to trial and pursuing maximum damages on your behalf.
If you or a family member has been hurt in a work-related incident, don’t wait any longer to get the legal help you need. Contact Dolman Law Group Accident Injury Lawyers today at 833-552-7274 for a free case review and let our experienced work injury attorneys fight for the damages and justice you deserve.