Employers are expected to provide reasonably safe working conditions for their employees. If there’s a safety hazard on site, the employers must address the issue before it causes harm to the workers. However, if they fail in this duty, they could be held liable for the damages suffered by the victims.
Unfortunately, the process to secure compensation can be challenging, especially if there’s disputed liability. Also, if you’ve been injured on the job, you might be grappling with medical bills, lost wages, and the stress of dealing with your employer and insurance companies. This is where a Washington State workplace accident lawyer can provide invaluable assistance.
Jacobs and Jacobs Personal Injury Law has extensive experience in personal injury cases, including cases that involve workplace injuries. We can use our in-depth legal understanding of such cases and our experience in workplace accidents to help you secure a favorable outcome for your claim.
How to Know If You Have a Workplace Accident Case
- Were you injured while performing work-related duties? – Injuries that occur on-site, off-site for work-related tasks, or due to employer negligence may be eligible for compensation.
- Was your employer negligent? – If safety regulations were ignored, hazardous conditions existed, or faulty equipment was used, the employer may be liable.
- Are you covered by workers’ compensation? – In most cases, workers’ compensation provides benefits for medical expenses and lost wages, but some claims require additional legal action.
Why Choose Jacobs and Jacobs Personal Injury Law for Your Workplace Accident Case?
In the following, we have highlighted some of the biggest challenges of workplace accident claims and how we use our legal knowledge and experience to help our clients overcome these challenges.
Challenges of Workplace Accident Claims
If you’re injured on the job, you may be able to recover compensation through a workers’ compensation claim. While the claims process for this legal resource is designed to be more straightforward compared to filing a personal injury claim or lawsuit, it still comes with its own set of challenges and complexities. It’s essential to be aware of these challenges to navigate the process effectively and ensure you receive the compensation you deserve.
One of the primary challenges in workers’ compensation claims is that you may be limited to what you can recover as compensatory damages. Such claims often do not account for noneconomic damages such as pain and suffering or loss of enjoyment of life. This can leave injured workers with unmet needs and financial burdens.
Another challenge is the risk of employer retaliation. As an injured employee seeking compensation from the employers, you may fear job loss, demotion, or other forms of discrimination when filing a claim. Despite legal protections in place to prevent retaliation, the fear of negative consequences can deter workers from pursuing their rightful compensation.
You also have to deal with completing all the legal paperwork, ensuring you file a claim within the statute of limitations, and understanding the full scope of available benefits. The guidance of a seasoned attorney can go a long way in helping you navigate these legal complexities.
How Our Firm Helps
Jacobs and Jacobs Personal Injury Law helps people who have been hurt at work. Our team can handle all the legal aspects of your case. With years of experience handling workplace injury claims in Washington State, we understand workers’ compensation laws, OSHA regulations, and personal injury claims. This means we can help you get the compensation you deserve for your suffering.
When you work with us, you can have peace of mind knowing that our team won’t rest until we get justice. We fight insurance companies and negligent employers to get you the maximum compensation. To build a strong case, our team will conduct a thorough investigation. We will also negotiate with insurers, making sure no detail is overlooked in our pursuit of justice for you.
What to Do After a Workplace Injury in Washington State
Experiencing an injury at work can be both stressful and overwhelming. Knowing the steps to take after such an incident can help ensure you receive the care and compensation you deserve. Here are some of the key steps you need to take after a workplace accident in Washington State.
Seek Medical Treatment
Your health and safety should be a priority in the immediate aftermath of the accident. Assess yourself for injuries and take action to minimize the damage. Get medical attention immediately, even if the injury seems minor. Some injuries, such as internal bleeding or concussion, might take a few hours to become apparent. However, not getting treatment may cause them to worsen over time.
Prompt medical attention not only aids in your recovery but also creates a medical record of your injury, which is crucial for any workers’ compensation claim you may need to file. Follow the doctor’s advice and complete any necessary follow-up appointments to ensure proper healing. Keep a record of all your expenses, as you may need them as evidence for your claim or lawsuit.
Document the Incident
You should keep a detailed account of the accident, including what caused it, where it happened, and if any witnesses were present. Take photos or videos of the accident site, your injuries, and any other relevant details. Maintain a written record of any conversations with your employer and healthcare providers related to the incident.
If you’re injured badly, you may need to seek emergency medical care. As a result, you may not be able to document the scene. In such a situation, you can either return to the scene later to gather evidence or have a trusted individual document the scene for you.
Report the Injury to Your Employer
Most workplace policies require injured employees to report such incidents to the employers as soon as possible. Follow the company’s procedure for reporting workplace accidents. This step is essential for initiating the workers’ compensation process. Failure to notify the employer on time can result in the delay or denial of your claim.
If you have a valid reason for not reporting within the required timeframe, such as being incapacitated due to the injury or not immediately realizing the severity of the injury, make sure to document and communicate this to your employer.
Do Not Accept a Settlement Without Legal Advice
Whether you’re negotiating with an insurance company or your employer, you must not accept any settlement without legal advice. Even if you feel the settlement is fair, it’s still best to consult with a Washington State accident attorney.
An attorney can help you understand your legal rights and ensure that you aren’t being shortchanged. You want to include all your expenses, including past, current, and future expenses that were a direct result of the accident.
Contact a Workplace Accident Lawyer
Engaging a workplace accident lawyer early in the process offers several benefits, including expert guidance on the workers’ compensation system, assistance with filing your claim, representation in disputes, and ensuring you receive fair compensation for your injuries.
Common Types of Workplace Accidents in Washington State
Workplace accidents can happen in various situations. Some types of jobs and industries have a higher risk of such accidents. Understanding the common types of workplace accidents can help in recognizing potential hazards and implementing preventive measures to ensure a safer work environment. It can also help you make informed decisions about your case.
Construction Accidents
Construction-related jobs are inherently dangerous due to the nature of the work. Common accidents include falls from heights, being struck by falling objects, electrocutions, and getting caught in or between machinery.
Factory and Warehouse Accidents
Factories and warehouses often have forklifts, heaving equipment, conveyor belts, and other items that could be a safety hazard. Common injuries in such accidents include crush injuries, slips and falls, amputations, and injuries from lifting heavy objects.
Slip, Trip, and Fall Accidents
Workers can suffer slip, trip, and fall accidents anywhere. Such accidents are often caused by wet or uneven surfaces, poor lighting, and obstacles in walkways. These incidents are particularly concerning because they can lead to a wide range of injuries, from minor bruises and sprains to severe fractures and head injuries.
Exposure to Toxic Substances
Some jobs can expose workers to toxic materials, especially if proper safety equipment and protocols aren’t used. Exposure can lead to health issues ranging from short-term respiratory problems and skin irritations to long-term conditions like chronic respiratory diseases and cancer.
Workplace Vehicle Accidents
Workers are often required to use vehicles as part of their job duties. These vehicles can include forklifts, trucks, company cars, and other types of transportation equipment. Accidents can happen for many reasons, such as driver mistakes, poor vehicle upkeep, and lack of proper training. These accidents can cause serious injuries or even death. Not only are the driver and passengers at risk, but other workers nearby can also suffer harm.
Who Can Be Held Liable in a Workplace Accident?
In a workplace accident, several parties can potentially be held liable, depending on the circumstances. The employers could be liable if they failed to provide a safe working environment or if a lack of training resulted in the accident.
Failure to adhere to safety regulations would also be the employer’s fault. However, keep in mind that the workplace injuries compensation process doesn’t require the victims to prove fault. This makes the process simpler.
The accident could also be the fault of the property owners in cases where the workplace is leased. A co-worker’s negligence or intentional actions could also contribute to the accident, making them liable. In some cases, third parties such as contractors, equipment manufacturers, or maintenance companies might be responsible for the accident.
How a Washington State Workplace Accident Lawyer Can Help
A workplace injury lawyer Washington State can help victims by guiding them through the workers’ compensation process, ensuring they receive fair compensation for their injuries. They can also represent victims in disputes or appeals, protecting their rights and interests throughout the claims process.
This support allows victims to focus on recovery while the lawyer handles the legal complexities. For you to fully benefit from the experience and skills of a job accident attorney WA, you need to engage them early in the process.
Compensation Available for Workplace Accident Victims
Workers’ Compensation Benefits
- Medical expenses
- Wage replacement
- Vocational rehabilitation
- Permanent disability benefits
- Temporary disability benefits
- Death benefits (for surviving family members)
Additional Compensation Through Personal Injury Claims
- Pain and suffering
- Loss of future earning capacity
- Punitive damages
- Emotional distress
- Loss of consortium
- Property damage compensation
Frequently Asked Questions About Workplace Accidents in Washington State
Can I Sue My Employer for a Workplace Injury?
In most cases, you cannot sue your employer for a workplace injury because Washington State has a no-fault workers’ compensation system. This system provides benefits regardless of who was at fault and also protects employers from lawsuits.
How Long Do I Have to File a Claim?
If you’re injured on the job, you generally have one year from the date of the injury to file a workers’ compensation claim in Washington State. If your claim is related to an occupational disease, such as hearing loss or lung disease, you have two years from the date you were diagnosed or should have reasonably known about the condition.
What If My Workers’ Compensation Claim Is Denied?
If your workers’ compensation claim is denied, you can take action. You can request a reconsideration or appeal the decision. It’s important to act quickly, as you usually have 60 days to file an appeal. Getting help from a workers’ compensation lawyer can make your case stronger and improve your chances of success.
Call a Washington State Workplace Accident Lawyer Today
Have you suffered a workplace accident in Washington State? If the accident was a result of someone else’s negligence or wrongdoing, or if you’re covered under workplace compensation insurance, you have the right to seek compensation. Allows Jacobs and Jacobs Personal Injury Law to help you through the legal process. We offer free consultations. Call us at 253-342-4965 now. There are no upfront fees—you only pay us if we win the case.