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3 Common Workplace Injuries That Lead to Lawsuits
Workers' compensation laws shield lawyers from lawsuits by employees. Therefore, in most cases, employees can't file a lawsuit when injured at work. Workers' compensation covers the damages regardless of who was at fault. However, there are some instances when one can file a lawsuit to seek compensation for injuries sustained while at work.
Some of the questions to ask when determining whether a workplace injury should lead to a lawsuit include; was the employer negligent? Did they cause the injury intentionally? Does the employer have adequate workers' compensation? Was the injury as a result of third-party negligence? Is the injured party an employee or a subcontractor? You should never rush to file a lawsuit after a workplace injury. Firstly, you should ensure the case has been recorded and you have received medical care. Then, if you have some questions on workers' compensation and lawsuits, reach out to an attorney.
The attorney will evaluate your case and advise you on the best action to take. Some attorneys such as Mottaz & Sisk offer a free case evaluation and thus you can get help fast without straining financially. But, be careful when hiring a lawyer. Get one with experience in handling such cases and also check their reputation. By doing so, you increase your chances of getting the best advice and a good representation if your case goes to court. Examples of workplace injuries that lead lawsuits include the following:Overexertion Injuries
These are injuries that happen when someone performs a task that is tough for their body to handle. Some of the key outcomes of overexertion include back and knee pain, muscle strain and joint issues among many others. Some causes of these injuries include heavy lifting, exposure to vibration and lack of proper tools and training among many others.Slips, Trips and Falls
Slip, trips and falls are another class of workplace injuries that may lead to lawsuits. Such accidents are so common and can be fatal. According to the U.S. Bureau of Labor and Statistics, in 2016 and 2017, fall, slips and trips came second on the number of fatal occupational injuries by event or exposure.Machinery Accidents
Machinery accidents can be as a result of improper maintenance, faulty machinery or lack of proper training and instruction. Thus, when such cases go to trial, either the employer or the manufacturer can be held liable for the injuries.
Those are some of the workplace injuries that can lead to lawsuits. Remember each case is different and thus one machinery accident case may qualify for a lawsuit but another may not. It all depends on the circumstances surrounding the accident and also the laws in your state. Also, remember that there could be some other options to consider before filing a lawsuit. This is why you should talk to an attorney before making any move. If you make the wrong decision, you could end up losing all the compensation you are entitled to. In some cases, you may have to work with both a workers' compensation and a personal injury attorney for a good outcome.