| Workplace
Injuries FAQs
1. My spouse was killed
on the job. Is that a worker's compensation claim or a
wrongful death claim?
This would likely fall under worker's compensation laws,
as the benefits paid would be from the worker's
compensation insurance afforded by your spouse's employer.
Contact Epperly & Follis,
P.C. to discuss the specific facts of your case.
2. What should I do if I
suffer a workplace injury?
Those who suffer work related injuries should report them
as soon as possible to their employer using the proper
forms. A physician should also investigate work-related
injuries. Evidence of work related injuries allow the
victim to qualify for worker's compensation and associated
benefits. In addition, you may wish to pursue your legal
rights with an experienced workplace injury attorney at
Epperly & Follis, P.C.
3. Are there any laws
governing work injuries?
Workers' Compensation law provides benefits to workers who
are injured on the job or who suffer an occupational
disease arising out of and in the course of employment.
The problem with Workers' Compensation benefits is that
the compensation is often not sufficient to address the
extent of the injuries. In this situation, an attorney can
advise you on how to obtain the compensation you need to
cover your medical costs.
3. What benefits am I
entitled to under workers compensation law?
The benefits under Workers' Compensation include weekly
payments based on a percentage of the employee's average
weekly wage. These payments cover temporary total
disability, partial disability, permanent and total
disability, and permanent loss of function and
disfigurement. Other benefits include:
- Medical bills
- Vocational
rehabilitation/training
- Death benefits
- Lost wages
4. What is a third party
lawsuit?
Third-party lawsuits involve another party, other than the
employer. For example, if you are injured by a saw, there
may be a product liability case against the manufacturer
of the saw. In addition, if a worker was injured on a
construction site, another contractor could be liable.
These cases require immediate attention and expertise of
an attorney because the responsible third party is often
difficult to locate and the evidence may need to be
preserved.
5. What is repetitive
stress injury?
Repetitive stress injury is the name given to a group of
conditions that are caused when too much stress is placed
on a joint. Repetitive stress injury happens when the same
action is performed repeatedly. Performing the same action
over and over can cause pain and swelling in the muscles
and tendons. The two most common types of repetitive
stress injury are tendinitis and bursitis.
6. Do I need an attorney
to represent me if I am injured on the job?
You have the right to be represented by an attorney concerning your work-related injury. Your
Epperly & Follis, P.C. attorney will assist you in seeing
that your benefits are properly protected.
Your employer or your employer's insurance company will be
advised and represented by
individuals experienced in Workers' Compensation cases and
you should have an attorney
experienced in handling Workers' Compensation representing
you. Contact us online
today.
7. How am I paid when
temporarily unable to return to work?
If you are temporarily totally disabled, without
interruption for more than seven days from an on the job
injury, weekly benefits should be paid to you at the rate
of 66 2/3 percent of your average weekly wage.
8. What are the most
common work injuries claims?
Some of the most common work injuries involve:
- Employee death
- Head injury
- Brain injury
- Skin disease
- Neck Injuries
- Carpal Tunnel Syndrome
- Spinal cord injuries
- Back injuries
- Lung disorders
- Asbestos
- Lung Cancer
- Mesothelioma
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