Work Related Injuries F.A.Q.’s

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1. While working, I was injured in an automobile accident? What type of claim do I have?

If you were not at fault in the accident, you may be entitled to benefits from workers’ compensation. In addition, you may also have a separate personal injury claim against the negligent driver of the other vehicle. Even if you were at fault in the accident, you may still be able to collect under workers’ compensation. If you think you may have a personal injury claim and a worker’s compensation claim, you should consider consulting with an attorney that can handle both of your claims.

2. If a person is killed in a work-related accident, is their family entitled to compensation?

Yes. In general, workers’ compensation insurance is purchased by employers as a way of compensating an employee who is injured, or the family of the employee if the employee is killed in a work-related accident. If the death was caused because of unsafe working conditions, then additional claims may be brought against the employer, such as wrongful death. Benefits owed to dependents in death cases can be substantial, and it is recommended to contact an attorney to obtain legal advice and to secure evidence needed to successfully pursue your claim.

3. If an employee is not trained to operate a piece of equipment, can the employer be held liable for accidents that occur?

The law requires that persons should possess the skill and experience necessary to safely operate certain equipment so as not to endanger themselves or others. An employer who fails to meet these requirements may be held liable for injuries or even death. If you feel an injury or death on the job was caused because of lack of proper training, you should contact an attorney immediately.

4. Does an employer have the responsibility to make sure the equipment being used is safe?
Laws and regulations have been established to protect workers and non-employees at various work areas. A failure to follow these laws have known to result in serious injuries and sometimes death, and the company in charge of any portion of the work could be held responsible. Our firm has represented many clients that have been injured or killed as a result of defective heavy machinery, defective ladders, improper training, and a variety of other work related issues where the laws and regulations regarding safety have been violated. It is important that you contact an attorney as soon after the accident as possible, so as to preserve evidence important to pursuing your claim.

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