What is Workers' Compensation?
Workers' compensation is a system of laws that provide benefits to employees who are injured or become ill as a result of their job. The benefits typically include medical expenses, a portion of lost wages, and compensation for permanent disabilities. The laws vary by state, but in general, employers are required to provide workers' compensation coverage for their employees. If an employee is injured on the job, they file a claim with the employer's workers' compensation insurance carrier and receive benefits under the terms of the policy. The employer is protected from being sued by the employee for the injury, in exchange for the employee receiving these benefits.
What are the most common injuries in a Workers' Compensation lawsuit?
At our law firm, we understand that workplace injuries come in many forms and can have a significant impact on an individual's ability to work and their overall quality of life. The most common types of injuries in a workers' compensation lawsuit include:
Back and neck injuries: These types of injuries often occur as a result of lifting heavy objects or working in positions that put repetitive stress on the spine. They can range from simple strains and sprains to more severe conditions such as herniated discs.
Musculoskeletal injuries: These injuries can include strains, sprains, and tears of various muscles, tendons, and ligaments throughout the body. They are often caused by repetitive motions, awkward postures, or sudden movements.
Traumatic brain injuries: These injuries can occur as a result of a fall, a blow to the head, or exposure to harmful chemicals. They can range from mild concussions to severe traumatic brain injuries that can result in long-term disability.
Repetitive stress injuries: These injuries are caused by repeated motions, such as typing or using a mouse, that put stress on a particular part of the body over time. They can include conditions such as carpal tunnel syndrome, tendonitis, and bursitis.
Psychological injuries: These types of injuries can result from work-related stress, such as bullying, harassment, or discrimination. They can include conditions such as depression, anxiety, and post-traumatic stress disorder.
Workers' compensation claims can happen to workers in various industries and job types. According to the Bureau of Labor Statistics, the industries with the highest incidence rates of nonfatal occupational injuries and illnesses requiring days away from work in 2019 were:
- Healthcare and social assistance (113.5 cases per 10,000 full-time workers)
- Retail trade (93.8 cases per 10,000 full-time workers)
- Manufacturing (86.0 cases per 10,000 full-time workers)
- Accommodation and food services (84.9 cases per 10,000 full-time workers)
- Construction (82.3 cases per 10,000 full-time workers)
It's also important to note that certain types of injuries and illnesses, such as back injuries and repetitive motion injuries, are more common among certain types of workers. For example, back injuries are more prevalent among workers in the construction and manufacturing industries, while repetitive motion injuries are more common among workers in the healthcare and retail industries. The best way to understand your rights and options when it comes to a workers' compensation claim is to consult with an experienced attorney who can evaluate your individual case and provide you with guidance.
If you or a loved one has been injured on the job, Jung Disability and Injury Advocates can help you navigate the legal system and fight for the compensation you deserve. We have a deep understanding of the laws and regulations surrounding workers' compensation cases, and will use this knowledge to ensure that your rights and interests are protected throughout the legal process. Contact us today to schedule a consultation.
What are the rights of the employee?
Jung Disability and Injury Advocates believe that every worker has the right to fair and just compensation for any injuries or illnesses sustained on the job. As such, we are committed to protecting the rights of workers who have been injured or become ill as a result of their employment.
One of the most important rights of a worker involved in a workers' compensation lawsuit is the right to receive medical treatment for their injuries or illnesses. This includes the right to see a doctor of their choice, receive necessary medication and therapy, and receive any other medical treatment deemed necessary by the treating physician.
Another important right of workers is the right to receive compensation for any lost wages as a result of their injuries or illnesses. This includes both temporary and permanent disability benefits, as well as the right to receive vocational rehabilitation services to help the worker return to work.
Workers also have the right to be free from retaliation from their employer for filing a workers' compensation claim. This means that an employer cannot terminate or demote an employee for filing a claim or taking legal action to seek compensation.
In addition, workers have the right to representation by a lawyer throughout the legal process. It is important to have a legal expert to guide through the process and to ensure that the worker's rights are protected throughout the process.
At our law firm, we are committed to ensuring that the rights of workers are protected and upheld in workers' compensation cases. If you or a loved one has been injured on the job, please don't hesitate to contact us to schedule a consultation. We will work with you every step of the way to ensure that you receive the compensation and support you need to move forward.
How can our Law Firm help?
At Jung Disability and Injury Advocates, our experienced attorneys understand the difficulties and challenges of dealing with a workers' compensation case. We are dedicated to helping our clients navigate the legal system and fight for the compensation they deserve.
As one of the first steps in winning a workers' compensation case, our attorneys work closely with clients to gather evidence, including medical records, witness statements, and documentation of lost wages, to build a strong case on their behalf.
With deep knowledge of the laws and regulations surrounding workers' compensation cases, our attorneys anticipate and counter any arguments made by the opposing party. As skilled negotiators and litigators, we ensure that our clients' rights and interests are protected throughout the legal process.
Effectively communicating the nature and extent of injuries and their impact on a client's ability to work is another key aspect of winning a workers' compensation case. Our attorneys work with medical experts to provide clear and compelling evidence of the impact injuries have had on our clients' lives and livelihoods.
At Jung Disability and Injury Advocates, we are committed to helping our clients achieve the best possible outcome in their workers' compensation case. If you or a loved one has been injured on the job, contact us to schedule a consultation. We will work with you every step of the way to ensure that you receive the compensation and support you need to move forward.