Worksite Injuries Attorneys
If you suffered an on-the-job injury or illness, contact Wallace Miller immediately to discuss your available benefits. When you get hurt at work, you are entitled to coverage for medical care and the replacement of part of your lost wages. We could represent you in your workers’ compensation claim and seek the maximum benefits on your behalf.
Although employees typically feel safe at work, accidents can happen that leave them with serious injuries. After sustaining a worksite injury, you likely require medical treatment to heal. Some people can’t return to their jobs and earn their regular income. A decrease in wages can lead to significant financial strain.
Many states require employers to provide workers’ compensation coverage for their employees. If you’re in a workplace accident, your employer’s workers’ compensation carrier should cover your medical bills and some other expenses related to your injury. The benefits you receive could give you economic relief while you attend your doctor’s appointments and recover.
Some job industries are inherently dangerous. However, anyone could get hurt while performing their job-related duties. Even if you have an office job, you could suffer carpal tunnel syndrome or take a tumble down the stairs. Any injury that occurs while you’re on the clock and performing work for your employer should qualify you for workers’ compensation benefits.
Call Wallace Miller at (312) 261-6193 for your free consultation with one of our worksite injuries attorneys and learn more about your available legal options following an occupational accident.
Common Types of Workplace Accidents
A range of scenarios can cause an employee’s injury or illness. The most common types of workplace accidents include:
- Motor vehicle accidents – If driving is a part of your job, you could get hurt in a collision. Your employer’s workers’ compensation insurer should cover your necessary medical care as long as the accident occurred while you were performing your job-related tasks. Coverage generally doesn’t extend to times when you’re driving to and from work.
- Slip/trip and falls – You could slip or trip on a hazard on the job site and sustain a broken ankle, concussion, or dislocated shoulder. Any injury from a fall while you’re on the clock could entitle you to benefits.
- Struck by equipment or objects – Some employees use machinery and equipment at work. It could malfunction during use and strike a person nearby.
- Exposure to toxic substances – Sometimes, workers must handle dangerous chemicals. Breathing in toxic fumes, asbestos, and other toxic substances can lead to respiratory illnesses, cancer, and other medical conditions.
- Fall from heights – Working high off the ground is a risk. You could fall and sustain a life-threatening injury even if you use the proper safety equipment.
- Explosions and fires – Improperly stored flammable chemicals could come into contact with something that sparks a fire or explosion.
- Overexertion – Some occupations require physical labor. Lifting heavy objects, working in cramped spaces, and performing other physically demanding tasks can cause muscle and joint problems.
- Workplace hazards – Although workers’ compensation is a no-fault system, hazards can exist on job sites that contribute to an employee’s injury. Faulty electrical components, a lack of safety gear, and dangerous working conditions can lead to an accident.
If you sustained a worksite injury, you should reach out to Wallace Miller. Our worksite injuries attorneys know how to investigate occupational accidents to determine whether employees should receive benefits for their accident-related costs. Whether you file an initial claim or appeal a denied claim, you can count on us to help.
Common Types of Worksite Injuries
Various injuries are eligible for coverage through your employer’s workers’ compensation insurance, such as:
- Back and neck injuries
- Carpal tunnel syndrome
- Dislocated joints
- Pulled or strained muscles
- Torn tendons or ligaments
- Nerve damage
- Burn injuries
- Electrical shock
- Broken bones
- Traumatic brain injury
- Overexertion injuries
- Spinal cord injuries
Workers’ compensation also covers a range of occupational diseases, including:
- Cardiovascular disease
- Mental illnesses, such as depression and post-traumatic stress disorder (PTSD)
- Multiple types of cancer
- Hearing loss
- Exposure to chemical agents
- Chronic obstructive pulmonary disease (COPD)
- Musculoskeletal disorders
- Occupational dermatitis
- Infectious diseases
If you suffered any type of illness or injury at work, let Wallace Miller determine whether it qualifies you for workers’ compensation coverage.
Benefits Available for Worksite Injuries
Workers’ compensation laws vary by state. However, similar benefits are available no matter where you live. Be sure to file your workers’ compensation claim promptly, as many states have strict filing deadlines.
You can file a claim for medical benefits when you suffer a work-related injury or illness. Your employer or their insurance company must pay upfront for all reasonable and necessary treatment of your injury, such as:
- Chiropractic care
- Prescription medications
- Medical devices
- Diagnostic and imaging tests
- Physical therapy
Disability benefits are also available through workers’ compensation insurance. However, the type you qualify for will depend on the extent of your injury and how it affects your ability to work.
Temporary Total Disability (TTD) Benefits
You could receive these payments if you can’t earn your usual wages or return to your job at all due to your injury or occupational disease.
Benefit payments are two-thirds of your gross average weekly wage before the accident. Payments are subject to a maximum limit set by state law. You can continue to collect TTD benefits until your doctor places you at maximum medical improvement (MMI). MMI means your condition isn’t likely to improve with further treatment.
Temporary Partial Disability (TPD) Benefits
TPD benefits are available to employees who can work but at limited functional capacity. That means you can return to your previous job, whether full-time or part-time, or find employment elsewhere but make less money than you did before.
The payments you receive will be two-thirds of the difference between your gross average weekly wage before the injury and what you currently make due to the injury. Coverage continues until your doctor determines that you have reached MMI.
Permanent Total Disability (PTD) Benefits
When you reach MMI, your doctor will examine your injury or illness to determine whether it caused a permanent total disability. They will provide a disability rating as a percentage to indicate your level of impairment and whether you can perform any type of work.
You can collect PTD benefits at the same rate as your TTD benefits. However, your doctor must determine you lost the use of a vital body part or system and can’t maintain employment due to your disability. Benefit payments could continue for the rest of your life.
Permanent Partial Disability (PPD) Benefits
PPD benefits pay a portion of lost wages if a worker loses physical use of part of their body but can earn a living either at the same place of employment or in another line of work. Typically, multiple types of PPD benefits are available depending on the type and severity of the injury.
Calculations based on the gross average weekly wage before the accident and the particular body part affected determine the payment amount. Payments continue for a specific number of weeks, depending on the disability rating and other factors. This benefit may be paid in a lump sum.
Additional Workers’ Compensation Benefits
Additional benefits are available to sick and injured employees in many states. Wallace Miller can review the law in your state to determine whether these benefits are available and if you qualify:
- Vocational rehabilitation benefits – If your injury prevents you from returning to your current job, you could receive vocational rehabilitation benefits. This includes assistance in finding new employment, career counseling, and job training.
- Death benefits – If your family member died in a workplace accident, you could receive death benefits. Payments are a percentage of the deceased worker’s gross average weekly wage before the fatal injury or illness. Typically, a surviving spouse, minor child, grandchild, and dependent relative qualifies for coverage.
- Funeral benefits – Some states offer a lump-sum payment for funeral and burial expenses up to a maximum limit set by law.
Statute of Limitations for a Worksite Injury
Workers’ compensation laws prevent employees from suing their employers for job-related injuries. However, if your employer doesn’t carry workers’ compensation insurance, you could file a lawsuit against them for compensation. Additionally, you could pursue legal action against any party at fault for the workplace accident, such as a property owner or third-party contractor.
You must follow a strict timeframe if you want to sue someone for a work-related injury or illness. This time period is defined by the statute of limitations. Each state imposes a different statute of limitations for cases like this. Typically, the timeframe is between one and five years. That means you must initiate your lawsuit within the specified number of years from the date of the accident to seek compensation.
At Wallace Miller, we believe in representing sick and injured employees. You deserve the opportunity to recover the benefits you need to cover your medical expenses and lost income. Our worksite injuries attorneys are ready to fight for your rights and pursue the maximum possible benefits.
We know the stress of earning less wages than usual. Reduced income can cripple your financial situation and create various challenges in your daily life. You can count on our legal team to handle your insurance claim and diligently work to try to reach your desired outcome.
If you suffered a job-related injury or illness, call Wallace Miller at (312) 261-6193 today for your free consultation.