Workplace Injuries FAQs

What should I do if I’m injured at work?
As soon as possible report the injury to your employer. Make sure any doctors you see document any work related injuries so you can receive any benefits you may be eligible for. You may also want to consult with a qualified workplace injury attorney to determine all the parties who may be bear some legal liability for your injury to make sure your rights are protected and you receive all the benefits to which you are entitled.

What if I’m injured while on a business trip?
Injuries and illnesses that occur while you are on a business trip are work-related if, at the time of the injury or illness, you are engaged in workplace activities in the interest of the employer. A car accident is one of the most common types of workplace injuries involving a third party.

What is Worker’s Compensation?
Workers’ compensation laws govern the benefits you may be able to receive if you are injured at work or suffer from an illness or disease caused by your job. The main issue with most workers’ compensation laws is that they may not be adequate to fully compensate you for your injuries or illness. You should seek the advice of a qualified workplace attorney to make sure you receive all the benefits to which you are entitled.

What is a third party claim?
Your employer is generally liable for ensuring your safety on the job. However, if the actions of a third party, such as a contractor or subcontractor, contributed to your accident or injuries, then they also bear some responsibility. In this case, a separate cause of action is pursued along with any worker’s compensation to which you are entitled. Types of compensation that can be recovered by a third party lawsuit include past and future pain and suffering and lost wages.

What types of benefits am I entitled to?
Generally you are eligible for medical bills, lost wages, death benefits, and vocational rehabilitation and/or training. Under workers’ compensation laws you could also be eligible to receive a percentage of your weekly earnings. Under a third party lawsuit, if a third party was involved, you may be eligible for additional compensation.

What are the most common workplace injuries?
The most commonly reported workplace injuries are death, head injuries, brain injuries, carpal tunnel syndrome, back injuries, spinal cord injuries, lung cancer, and cancer caused by asbestos exposure (mesothelioma).

Can I be punished or discriminated against for exercising my rights?
The Occupational Safety and Health Act and other laws protect workers who complain to their employer, union, OSHA or other government agencies about unsafe or unhealthful conditions, including environmental problems. You cannot be transferred, denied a raise, have your hours reduced or be fired as a result of a health and safety action. Complaints about discrimination must be filed as soon as possible-within 30 days of the alleged reprisal for most complaints.

What are my employer’s responsibilities regarding workplace safety?
Under federal law, your employer must:

  • Provide a workplace that is free from recognized hazards and complies with OSHA rules and standards
  • Minimize or reduce hazards and make sure employees have and use safe tools and equipment
  • Establish and update operating procedures and communicate them so that employees follow safety and health requirements
  • Keep records of work-related injuries and illnesses
  • Post, at a prominent location, the OSHA poster informing employees of their rights and responsibilities
  • Not discriminate against employees who exercise their rights under the Act
  • Post OSHA citations at or near the work area involved
  • Correct cited violations by the deadline set in the OSHA citation.

Do contractors and subcontractors have the same responsibilities?
Contractors and subcontractors generally are responsible for seeing that their employees or products perform in a safe manner. Laws vary from state to state and within industries. These laws are complicated and third party legal claims must be pursued in conjunction with worker’s compensation claims. An experienced, qualified workplace attorney can determine whether and to what extent third parties were responsible and pursue claims against them.

What should I do if I always feel sick at work, but feel fine when I leave work?
This may be the result of exposure to toxic fumes, chemicals or surfaces. See a doctor for an evaluation and report results that could point to a work related illness to your supervisor.

What are Repetitive Stress Injuries?
Repetitive Stress Injuries are a family of injuries caused by a worker repeating the same motion over and over again in the course of his or her job. Examples of jobs which can cause these injuries include, but are not limited to, those requiring continuous typing on a computer, a machine operator, and a cashier. An estimated one-third of all Worker’s Compensation costs are related to injuries of this kind.

What is Carpal Tunnel Syndrome?
It is the most frequently reported Repetitive Stress Injury. Symptoms of Carpal Tunnel Syndrome include numbness and tingling in your hands and wrists, and pain that can extend up your arm to your shoulder.

Should I contact an attorney if I have been injured at work?
If your injury or illness is severe, an attorney can help you obtain adequate benefits to compensate you for your losses, including loss of future earnings as the result of permanent disability. An attorney can also help determine if any third parties are liable for your losses and obtain additional compensation.

How long to I have to file a lawsuit?
Time limits for filing lawsuits vary from state to state. The best thing is to contact an attorney as soon as possible, especially if your injury or illness is severe.

How much will an attorney cost?
An experienced workplace attorney with Janet, Jenner & Suggs will evaluate your case and represent you at no charge. If we recover money for you, we will take a portion of your recovery to cover our costs.