Workplace injuries can be financially and physically overwhelming. You may face significant medical expenses and the possibility of not being able to return to work. However, depending on the circumstances of your injury, you may have the right to seek financial relief through a personal injury lawsuit or workers’ compensation claim, offering a glimmer of hope in a challenging situation.
Victims of workplace accidents don’t have to face the aftermath alone. The attorneys at Rochelle McCullough, LLP, are prepared to evaluate your case and help you understand your legal rights and options. Our attorneys, with their extensive experience obtaining compensation for injured workers in Hot Springs, Arkansas, and the surrounding area, will work diligently to pursue a full and fair monetary award for you, ensuring you feel supported and understood throughout the process.
Common Types of Workplace Accidents in Hot Springs
Every year, workers become seriously injured in preventable accidents while at work. Car accidents are among the most common types of workplace accidents. A worker may be driving between their employer’s worksites, visiting a client, or picking up work supplies when a car accident happens. When a car accident occurs while an employee is engaged in or driving to a job-related activity, the employee may be entitled to workers’ compensation.
The Occupational Safety and Health Administration (OSHA) has determined that the four most common types of workplace accidents involved in construction injuries and fatalities include falls, being struck by an object, becoming caught in between objects or walls, and electrocutions. Repetitive stress injuries at work can also cause significant long-term or permanent structural damage to a worker’s affected body parts.
Additionally, workers can become injured when they become victims of violence at the workplace. Shootings or assaults committed by co-workers, members of the public, or customers can cause devastating physical, emotional, and mental health injuries.
Injuries Caused By Workplace Accidents
The types of injuries sustained in workplace accidents can range from minor lacerations to severe injuries. Some workplace accidents even result in the worker’s death. In some cases, workers suffer sudden, specific types of injuries such as burns, bone fractures, sprains, lacerations, or even amputations. In other cases, workers suffer a condition or illness that takes a while to become apparent. Heavy metal poisoning, asbestos, and cancer can be caused by working in toxic work environments. Repetitive stress injuries can occur when workers lack training, safety equipment, or sufficient breaks.
Should I File a Workers’ Compensation Claim?
Victims of workplace injuries benefit from speaking to an attorney after they receive medical treatment. The attorneys at Rochelle McCullough, LLP will carefully determine the strategy for recovering compensation based on the unique facts of your case. Most employees have the right to pursue a workers’ compensation claim if they’ve been injured on the job or when doing a work-related activity. This step is crucial in empowering you with the necessary information to make informed decisions about your case.
A Personal Injury Lawsuit Could Result in Greater Compensation
One of the benefits of filing a workers’ compensation claim is that you won’t need to prove that anyone is at fault for your injuries. The workers’ compensation process is designed to allow workers to quickly receive compensation for a portion of their lost wages and their medical expenses. However, a personal injury lawsuit may provide more compensation for your injuries, including damages for the pain and suffering you’ve endured, especially if you’ve been seriously injured and are no longer able to work.
For example, workers’ compensation benefits only provide compensation for medical coverage through doctors chosen by the insurance company. If you need to receive medical care from specialists who the insurance company does not approve, you won’t be able to be reimbursed. Additionally, suppose you need a treatment that the insurance company won’t cover. You would not be able to receive compensation for that treatment if you file a workers’ compensation claim. Finally, workers’ compensation usually only covers two-thirds of the worker’s typical wages.
Proving Liability After a Workplace Injury in Hot Springs
When you’ve suffered a severe injury at work caused by someone else’s negligence or recklessness, pursuing a personal injury lawsuit may be your best option. If you accept workers’ compensation benefits, you must sign a statement saying you won’t pursue legal action against your employer. Suppose your employer’s negligence caused the accident that resulted in your injuries. Through a personal injury lawsuit, you may be able to hold your employer accountable for all of your medical expenses, lost income, and pain and suffering.
If your employer engaged in reckless or willful safety violations, you could also be entitled to additional punitive damages. If your employer didn’t take safety practices seriously, didn’t provide training related to safety practices, or didn’t provide safety equipment such as harnesses, they can be held liable for your injuries. Similarly, if you were exposed to toxic substances, such as asbestos, radium, or silica, you may be able to hold your employer accountable.
Depending on the facts of your case, a third party could be liable for your injuries. For example, if a defective product caused your injuries, you may be able to pursue a product liability lawsuit against the manufacturer or distributor of that product. For example, if the defective brakes on a company vehicle caused a truck accident, you may be able to recover compensation from the vehicle manufacturer successfully.
How Our Workplace Injury Attorneys Can Help You
The attorneys at Rochelle McCullough, LLP can help you understand your legal options and make informed decisions about your case. We will thoroughly investigate your case, determine who is liable for your injuries, and develop an effective legal strategy. Our experienced attorneys will pursue the most compensation possible in your case. Contact Rochelle McCullough, LLP to schedule a complimentary case evaluation.
We extend our personal injury legal services to help clients throughout Texas, including Dallas, & Fort Worth, as well as in Hot Springs, Arkansas. Committed to advocating for your rights and securing the compensation you deserve.