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Category: Workplace Injuries

Options for Seeking Workplace Injury Damages

When you are an employee injured on the job, it’s important to understand that filing a workers compensation claim with your state is not always the only recourse you have for recovery of damages for your injuries. Many claimants focus solely on filing a successful workers comp claim to cover medical costs and loss wages. But there are many reasons why your employer or a supplier may even be at fault. Here are a few reasons why it’s always important to speak with a workers compensation personal injury attorney whenever you find yourself injured on the job:

Employer Neglect: In many cases (like slip and falls) at a place of employment, the employer may be found responsible for the employee’s injuries. In a construction site, for instance, one expects the work environment to be more hazardous than your typical work space. However, when conditions are unreasonably dangerous and when an employer is aware and able to mitigate that danger and doesn’t, it’s possible that they are responsible for damages in your case. If, for instance, a spill occurs on a construction site and the employer is made aware of it, but no one is dispatched to clean up the area, should an employee carrying construction supplies slip and fall causing injuries, they may have a slip and fall personal injury claim and be able to recover damages.

Subcontractor Neglect:  If the workplace is one that is unnecessarily hazardous, and an employee is injured due to simple neglect on a site that is managed by a subcontractor, that subcontractor might be legally liable for resulting injuries. For instance, if an electrical engineering company is hired to manage the wiring for a commercial space by a larger construction entity and their engineer leaves live wiring in an open area for a time, during that time should a painter, for instance, enter the space and come in contact with that live wire and suffer shock and burns as a result, that engineering company may be held liable for the painter’s injuries.

Products Liability: If an employee is injured on the job as a result of the use of a product, the manufacturer or another entity in the chain of distribution could be at fault for resulting injuries. Under products liability law, it is possible that the manufacturer or the distributor could be at fault if the product itself was defective or if the product design was found to be defective. Also, if the product was inherently dangerous and no adequate instructions or warnings were provided by the manufacturer, products liability law could determine that the manufacturer and/or its surrogates could be liable for injuries.

Determining possible damages and options for damage recovery in any personal injury case can be difficult, to say the least. When someone is injured on the job, it’s all the more important to have the guidance of a skilled personal injury attorney who can help determine your options outside of standard state workers compensation.

Call the offices of Panio Law in Chicago if you are confused about your options and want the guidance of experienced workplace injury lawyers. We work hard for each of our clients to ensure they get the highest awards to which they are eligible. And we’ll work hard for you. Call us at 888.799.7561. We can help.

Third Party Injury Claims in Workplace Injuries

When people are injured on the job, it doesn’t always immediately occur to them at the time the variety of individuals that could be held liable. The one chief concern that typically occupies your mind is getting treatment.

Instantly, people begin to think of workers’ compensation as a recourse. However, there are times when not only the employer bears liability for an employee’s injury or illness. There are times when a third party bears some (or all) of the responsibility.  When circumstances dictate that a manufacturer of a product or piece of equipment (Defective Products/Products Liability) used in the workplace be held responsible for an employee’s injuries, the legal theory under which damages may be pursued is called “Third-Party Liability.”

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Your Rights When Injured on the Job

Every day people are injured on the job. And few often know their legal rights when that happens. In addition to the right to file a workers compensation claim, employees injured on the job often have other legal options available to them to get the compensation they need to address their injuries, time away from work and other damages that come into play.

 

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Damages An Insurer Must Pay in Accident Cases

In car accident cases, insurers are responsible for covering a wide assortment of damages for which their client is liable. When a person is injured due to neglect, those damages can add up quickly. Among the list of damages insurers are often responsible for are: medical care and related treatment expenses; lost income resulting from the accident or time spent recuperating; any permanent physical disability or disfigurement; loss of social, consortium, missed school, training, vacation and special events; emotional damages (stress, depression, strains on relationships); and damage to property.

As you can see, many of these kinds of damages can mount to a significant award. But insurers are often compelled to limit those damages. Despite the requirement to cover the array of damages for which their client is responsible, insurers take great pains to pay as little as possible. That’s all the more reason it’s important to be represented by a practiced personal injury attorney who can negotiate on your behalf.

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Workers’ Compensation: Eligibility

Workers' compensation is an insurance program mandated by the state to provide compensation to employers who suffer in jury as a result of work. This no-fault system (providing benefits without proving liability) pays eligible workers for medical coats and lost wages. As a result, the employee cannot sue the employer. (There are a few exceptions to this rule.)

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