There are an endless variety of workplaces here in Mississippi and, sadly, each one has its own unique way of hurting employees. Because workplace injuries are common whether one works on a fishing boat or in a cubicle, or in any other type of workplace, all employers must carry worker’s compensation insurance. While worker’s compensation insurance is a decent safety net if you suffer a minor workplace injury, it is important to remember that employees have several potential options for attaining compensation they are due for pain and suffering, loss of consortium, and other losses not covered by worker’s compensation. Some accidents will result in personal injury lawsuits, while others may entitle workers to benefits under Social Security Disability. I am frequently asked about the pros and cons of various methods of attaining compensation for a work-related injury and created the following blog post to outline my general thoughts on each one.
If you have sustained an injury in as a result of working on scaffolding, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured. Contact us now at (601) 790-1505.
Workers’ compensation – Workers’ compensation is a form of no-fault insurance most employers are required to carry by law. No-fault means that the the worker does not have to prove whose fault caused the injury; in fact, worker’s compensation applies even when the employee caused his or her own injury. Workers’ compensation provides benefits such as paid medical treatment, extra wages, and vocational rehabilitation to employees who suffer job related injuries. Although benefits are usually readily available, employees must meet certain deadlines for notifying their employers of injuries. If these deadlines are not met, the employer an deny the claim. As a result, having experienced workers’ compensation counsel help you thorugh the process can be a major advantage.
Third party personal injury lawsuits – Most employees cannot sue their employer civilly for work related injuries, but they may have options to pursue compensation outside of the workers’ compensation system. This is often true where a third party’s negligent act injured the employee while he or she was working.
Imagine a delivery driver arrives at your workplace intoxicated. He is not employed by your employer, but is at your workplace in the course of his employment. Because he is intoxicated, he is careless and runs over your foot while making a delivery. While worker’s compensation may help you receive compensation for the time you missed work, you could also sue the delivery driver and his employer for your injuries.
Third party personal injury claims are common when worksites have multiple employers’ workers present, especially relating to auto accidents, construction accidents, and accidents caused by negligent landowners. While these cases require a finding of negligence against the third party, meaning your injury was caused by a third party who knew or should have known of a risk and ignored it, they can offer much broader compensation options than a traditional worker’s compensation claim.
Social Security Disability (SSD) – When a work-related injury is so severe that it results in long-term limitations or disabilities preventing employees from working temporarily or permanently, a Social Security Disability benefits case may be the best path forward. SSD benefits are a critical lifeline for employees who cannot work due to injuries; however, the vast majority of initial SSD applications are denied. To successfully attain SSD benefits on your first attempt, you will need the help of an experienced attorney.
Product liability lawsuits – Like third party lawsuits, product liability lawsuits are aimed at someone or, here, something hurting you in the workplace. Given the vast number of tools, furniture, and appliances that the average worker comes into contact with on a daily basis, there are many product liability lawsuits filed each year by injured workers. To prove a product was liable for your injury, you will need to show that it was negligently designed, negligently manufactured, or was negligently marketed for the use that caused the harm. This sort of case requires the help of skilled personal injury counsel, which is another area that I specialize in.
What Should You Do If You or a Loved One Has Been Injured in at Work?
If you or a loved one was injured in a workplace accident, you may have a worker’s compensation, personal injury, product liability, or Social Security Disability claim for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. This is my area of expertise. Let me take care of organizing your bills, attaining statements from expert witnesses, and dealing with your employer’s attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due in the workplace. Contact us now at (601) 790-1505.
