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Any workplace can be the site of an employee’s injury. Many workplaces have failed to establish the best ergonomic or safety practices to prevent employees from injuring themselves. It is understandable if you are confused and worried about your rights after being injured at your place of employment—your employer might be telling you one thing while your friends and family might be telling you something else.
This article offers answers to some frequently asked questions (FAQs) about workplace injuries, including which jobs see the most injuries and which types of injuries are most common. If after reading them you would like to speak to a professional about how you or a loved one were injured through an accident at work, call our compassionate Zinda Law Group attorneys at (800) 863-5312. Schedule your free case evaluation from a personal injury lawyer with experience in workplace injury cases.
workplace injury faqs
This section will explore the most frequently asked questions about work-related injuries.
Which Occupations Have the Most Injuries at Work?
The most common work-related injuries make sense when one considers where the injuries take place. That is, an office job is not going to have the same kinds or numbers of injuries as a construction job. Even where there is overlap in the kinds of injuries, the severity or frequency of those injuries can vary by type of job.
The Bureau of Labor Statistics has published information about workplace injuries that can provide some answers to our inquiry. These are the ten occupations with the most injuries, starting with the occupation with the most injuries per worker:
1. Nursing assistants
2. Heavy truck and tractor-trailer truck drivers
3. Laborers and freight, stock, and material movers
4. Light truck drivers
5. Construction laborers
6. Maintenance and repair workers
7. Stockers and order fillers
8. Janitors and cleaners
9. Registered nurses
10. Retail salespersons
What Are the Most Common Work-related Injuries?
The injuries that occur across various kinds of occupations are of the sort that will be more broad than other kinds of injuries. That is, janitors and cleaners have more of a chance of chemical exposure than most stockers and order fillers (unless, of course, the stockers work for a chemical company). If you have an injury that does not appear on this list, it does not mean that your injury is not the kind for which you can receive compensation.
The Bureau of Labor Statistics reports five of the most common injuries received while at work:
1. Strains, sprains, tears
2. Soreness, pain
3. Bruises, contusions
4. Cuts, lacerations, punctures
What Causes Workplace Injuries?
We learn a lot about workplace injuries by learning about the kinds of occupations at which employees are commonly injured and about the kinds of injuries that employees receive. The top ten causes of workplace injuries are:
1. Overexertion involving outside sources
2. Falls on the same level
3. Falls on a lower level
4. Being struck by an object or equipment
5. Other exertions or bodily reactions
6. Roadway incidents involving motorized land vehicles
7. Slip or trip without a fall
8. Struck against object or equipment
9. Caught in or compressed by equipment or objects
10. Repetitive motions involving micro-tasks
Will I Get Fired for My Injury?
There are legal protections to prevent you from being fired from your job for an injury you received while on the job, in most cases. Namely, if the injury has disabled you, the Americans with Disabilities Act (ADA) prevents employers from discriminating against people with disabilities.
However, if your employer did not give a reason for firing you and you merely suspect that it was due to your injury, it can be difficult to parse whether discrimination has occurred. Some states have laws that are more employee-friendly, and others are more favorable to employers; employer-friendly states have at-will firing and hiring, meaning an employer can let an employee go at any time without giving a reason. In these states, it is crucial for you to work with a work accident lawyer to ensure that you are not wrongly being fired and that you can recover if at all possible.
Can I Get Workers’ Compensation for My Injury?
Workers’ compensation is an avenue for employees to recover for injuries they receive at work without having to sue their employers. There are detailed charts that the employer must use to pay the employee based on the kind of injury the employee receives. The use of this avenue theoretically makes the compensation for the employee more efficient.
The only state that does not require employers to follow the rule of workers’ compensation is Texas; if you are from Texas, do not be discouraged: Zinda Law Group has attorneys in Texas. We also have offices all across the country, so the work injury lawyer you find near you and speak with from our practice will be familiar with the laws of your state.
How Does OSHA Affect a Workplace Injury?
The Occupational Safety and Health Administration (OSHA) applies to the majority of private employers and workers in the United States. Many states have adopted their own version of OSHA or follow the federal system. Those that adopt their own system must receive OSHA’s approval by being at least as effective as the federal plan.
OSHA includes coverage for employees whose employers commit such violations as not providing the proper personal protective equipment (PPE). OSHA has provided a detailed account of worker’s rights through its handbook on worker’s rights.
How Do I Know Who to Sue?
Sometimes it can be difficult for workers to know who to sue if their work is a few layers removed from the original contract; for example, you probably know the company that hired you, but your employer may have been subcontracted by a different company contractor. There are endless nuances that can complicate the situation: perhaps you were hired as an independent contractor so that the company that hired you could avoid providing you with benefits. A work injury attorney can help you untie such knotty webs of employment and help you determine whom to sue when you have suffered injuries at work, and how.
What Does a Work Injury Lawyer Do?
Now that you have an idea about what a workplace injury is and some of your rights surrounding the injury, you should know how to proceed with your claim. To ensure that you are not overlooking any state or federal laws that apply in your case, you should at least check in with a work injury lawyer. Next, the lawyer can help you with the procedural aspects of your claim.
Filing a Claim and Gathering Evidence
A work injury lawyer can help you file your claim within the right amount of time after your injury using the correct formatting and following all court rules. Then, the attorney can help you gather evidence to build the strength of your claim. Depending on the type of claim, witnesses (including expert witnesses) may need to testify to the condition of the workplace and statutory or recommended provisions with which your employer failed to comply.
Negotiating a Settlement and Getting Compensated
Your attorney will also be able to help you with what many would consider the most delicate part of litigation: negotiation. Employers and their insurance companies try to spend as little as possible when someone is injured, and anything you say during negotiation could be used to hurt the strength of your argument. A lawyer can help you respond to your employer and the insurance companies to preserve the strength of your case so that you can receive as much compensation as possible for your injury.
How can I contact personal injury lawyer near me?
At Zinda Law Group, we have qualified, professional attorneys licensed all across the country who are familiar with your state’s workplace injury laws, so you should be able to find a personal injury lawyer near you. You should not allow your employer to intimidate you out of pursuing the recovery you deserve. While there are avenues for recovery that try to eliminate litigation, employers can still be stubborn when it comes to paying out for the damages for injuries that occurred because of their negligence.
If you have been injured while working, you deserve to recover the full amount your injury cost you, not only financially, but also emotionally. Our workplace injury lawyers at Zinda Law Group are ready to hear about how you were injured and see if they can take your case. Call us at (800) 863-5312 to schedule your free consultation; as our client, you benefit from our No Win, No Fee Guarantee, which means that you will not pay us unless we win your case for you.
Meetings with attorneys are available by appointment only.