How to Find the Best Work-Related Injury Lawyer Near Me
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How to Find the Best Work-Related Injury Lawyer Near Me – Morgan & Morgan
Workers get injured on the job every day. According to the U.S. Bureau of Labor Statistics (BLS), U.S. workers incurred 2.8 million injuries in 2018 alone. If you got hurt at work, you could be entitled to workers’ comp benefits such as medical expenses, income loss, disability, and others.
However, depending on your case, there could be several options for recovering what you need to rebuild your life after a serious work injury. A work-related injury lawyer at Morgan & Morgan could help you get justice and compensation. Let us assess your case and determine all avenues for pursuing compensation. Get started now and schedule a free case review.
Finding the Right Work-Related Injury Lawyer for You
Finding a good work-related injury lawyer can take a little time and involve doing some homework.
Word-of-Mouth
Perhaps a coworker or someone you know got injured at work and can refer a great injury lawyer to you. You could also ask friends and family for attorney referrals. If you have previously worked with an attorney who practices in a different field, you might want to give them a call to ask if they personally know a lawyer who deals with work injuries.
Internet Research
Internet research can be helpful for finding the names of work injury lawyers in your area. You could also discover reviews and testimonials from past clients with internet research.
What to Look for in a Work-Related Injury Lawyer
An excellent injury attorney will be personable and happy to talk about their experience in the field. They should be able to assess your work injury claim in a free consultation and inform you of any potential legal options right away. Ideally, you should look for a work-related injury lawyer who has a successful track record in helping clients with similar cases as yours.
Get to Know Your Work-Injury Lawyer Personally
Most work-related injury lawyers offer case reviews where you can meet them or their legal team free of charge to discuss your case and ask questions. Make sure to take advantage of these free consultations, which can help get to know the law firm or attorney personally.
Communication
Open and honest communication is generally the key to a successful relationship with your injury lawyer. Ask your potential attorney how often they will be in contact with you during your case and how you will be able to contact them. No matter how successful and respected a lawyer is on paper, you will end up frustrated if they do not return your calls or you cannot get an appointment to see them.
Personality
A lawyer may have numerous accolades and only five-star reviews. However, what matters most is that you feel comfortable with them. Make sure to listen to your gut feelings and choose a lawyer with the right mix of experience, accessibility, and personality.
Questions You Could Ask at the First Consultation
Asking questions can be a good way to get to know a work injury attorney and make the most of your free consultation. Questions that can help you understand your case as well as get to know the attorney can include:
- Do I have a workers’ comp claim or personal injury case?
- What strategy would you recommend for my case?
- How long have you handled work-related injury cases?
- What are the outcomes you have achieved in cases like mine?
- Have you won work-related injury lawsuits at trial?
- Who in your firm will handle my case?
- What is your fee?
- How often can I expect updates on my case?
- What are my costs if I lose?
You will most likely have other pressing questions relating to your individual work accident and injury. It can be helpful to make notes prior to the consultations, recording important questions and concerns you would like addressed. Make sure to bring relevant documentation, such as medical reports, accident reports, and workers’ comp claim information, to your first consultation.
Your Best Steps After a Work Accident
If you get injured at work, you will need to take some important steps to protect your legal rights and entitlement to benefits or compensation.
Report Your Injury Immediately
It is crucially important to report an injury to your employer or a supervisor as soon as possible. In most states, an employee is required to report an injury within a specific timeframe, which can be as short as ten days. If you wait too long with reporting, you may lose your eligibility for benefits.
Fill out an Injury Report
Filling out a written injury report is another excellent way to protect your legal rights. According to the Occupational Safety and Health Administration (OSHA), employers are required to provide employees with workplace injury reports. Filling out an injury report is critical as the document can save as evidence later on when it comes to applying for benefits or negotiating a settlement for your injuries. Therefore, even if your employer says it is unnecessary, insist on filling out an injury report. Do not forget to obtain a copy of the report for your records.
Seek Medical Care Immediately
Seeking medical care is essential for protecting your rights and your health, even if you only have minor injuries. Some potentially serious medical conditions, such as traumatic brain injury (TBI), may not present with any symptoms at first. According to the Mayo Clinic, TBI symptoms could show up days and even weeks after the injury occurred.
Seeing a doctor right away ensures that any undetected injuries are diagnosed and treated promptly. It also provides you with a medical report which can be essential evidence, especially if your employer’s insurer disputes your injuries.
File a Workers’ Compensation Claim
Although the deadlines for filing a workers’ compensation claim can vary between states, ensure to submit your claim as soon as possible after an accident. In most states, your employer is responsible for providing you with the documents required to make a claim. The document should contain details of the accident and the nature of your injury. Your employer should submit the completed claims form to their state’s workers’ compensation board.
Contact a Work-Related Injury Lawyer
Speaking to a specialized work injury lawyer can be a good idea after suffering an injury at work. They will be able to advise you on your legal options, for example, if you could potentially file a personal injury lawsuit and recover damages exceeding workers’ compensation benefits. An employment lawyer can also help you if your workers’ comp claim is delayed, minimized, or denied.
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What Types of Compensation Can I Recover with a Work Injury?
You could have several options for recovering benefits or a settlement after a work injury.
Workers’ Compensation
Workers’ comp insurance can help injured individuals recover a range of benefits they and their families need to go on with their lives. Damages vary according to state workers’ comp laws but generally include:
- All medical bills related to the work injury or condition
- Wage losses up to a maximum threshold
- Vocational rehabilitation and training (in most states)
- Death benefits for surviving family members
It is important to note that workers are generally entitled to workers’ comp benefits even if they carelessly caused their accident and injury.
Personal Injury Lawsuit Against a Third Party
Work injuries are occasionally caused by the carelessness or willful actions of a third party. Examples of third parties that could be responsible for your damages include but are not limited to:
- Manufacturers of defective equipment
- Property owners
- Other contractors at the job site
If a third party caused your injury, you could potentially file a civil personal injury lawsuit independently of a workers’ compensation claim. In some instances, injured workers can file a lawsuit against a negligent employer or an employer who failed to obtain workers’ insurance.
Non-Economic Damages
While workers’ compensation provides individuals with benefits for their medical costs and income losses, it does not offer compensation for non-economic damages such as physical pain or mental suffering. However, with a personal injury lawsuit, victims could recover various non-economic damages such as:
- Pain and suffering
- Emotional distress
- Loss of life enjoyment
Morgan & Morgan’s experienced work-related injury lawyers can analyze your accident and determine all your options for pursuing benefits and compensation.
What if I Am at Fault for the Work Accident?
Workers’ compensation is a “no-fault” system. Employees are generally entitled to benefits no matter who caused the accident. Therefore, even if you got hurt due to your own mistake, you are usually able to recover workers’ comp benefits for your injury.
The requirements you will have to fulfil to qualify for benefits with the workers’ comp program include:
- You must have been injured while at your regular job
- You were not coming to work or leaving work (commuting)
You could also be eligible for workers’ comp payments if you were on a business trip or while driving a company car.
Unfortunately, despite individuals qualifying for benefits, insurance companies and employers could try to deny or reduce payouts. They may claim that your injuries did not happen at work or are less serious than claimed. Hiring a work-related injury lawyer can level the playing field. Your attorney will have your best interests at heart rather than those of your employer or their insurance company.
How Can a Work-Related Injury Lawyer Help Me?
Handling your own work-related injury case can be intimidating, time-consuming, and stressful. Moreover, if you suffered catastrophic injuries or a permanently disabling condition due to your job, you may have a fight on your hands to get what you deserve. A work-related injury attorney can work tirelessly on your workers’ comp or personal injury case and protect you from an employer or insurer trying to take advantage.
Gather Evidence to Prove Your Claim
An attorney can gather medical and other evidence supporting your workers’ comp claim or personal injury lawsuit. They can also assess and prove your expected future medical expenses and wage losses.
Negotiate a Fair Settlement
A lawyer can help negotiate for adequate compensation for your injuries based on the following facts of your case:
- The extent of your injuries and limitations
- Your past and current medical expenses
- Your future expected healthcare costs
- Whether you have a permanent disability
- Whether your employer owes you back pay
Your attorney can also protect your legal rights by representing you at your workers' comp hearing.
Whether you are looking for a workers’ comp settlement or are hoping to hold a negligent third party to account for your injuries, having a dedicated lawyer in your corner who understands the legal context can be critical.
Can My Employer Fire Me During a Workers’ Comp Claim?
In theory, your employer should not be able to fire you if you got injured at work and filed a claim. Retaliation is generally illegal. However, in at-will employment states, for example, employers can fire workers without having to give a reason. Therefore, it could be challenging to prove that your employer terminated you for filing a workers’ comp claim. If you believe that you got fired due to an ongoing worker’s compensation claim, an attorney could help you assess your options and next best steps.
Let Morgan & Morgan’s Injury Lawyers Fight for You
We understand the issues workers and their families face after a serious work injury. The process of recovering workers’ comp benefits or a settlement can be anything but straightforward, especially when an insurance company or employer is dragging their heels. If you get injured at work, you should not have to struggle to get adequate benefits and compensation.
Our experienced and compassionate work injury and workers’ comp lawyers can work tirelessly for the best outcome of your case. You don’t pay unless we win. Fill out our contact form today and learn about your legal rights and options in a free case review.