How Does a Work Injury Lawyer Help Injured Workers? Sep 2024

The Obstacles Faced by a Work Injury Lawyer

Normally, you have clear options when someone else’s negligent or wrongful actions harm you. For example, if you suffer an injury in a slip and fall accident, you can pursue a claim against the property owner who negligently created a hazardous condition.

However, work-related injuries are different. Under the workers’ compensation system, employees receive workers’ comp benefits regardless of the cause of their injuries. Specifically, insurers pay these no-fault benefits whether the employer acted negligently or not.

The employer’s reward for participating in the workers’ compensation system is tort immunity. In most cases, employees who suffer on-the-job injuries cannot file personal injury lawsuits against insured employers. The court will dismiss any such lawsuit.

For example, Nevada’s tort immunity is fairly standard. Under Nevada law, workers’ compensation provides the exclusive remedy to injured workers against their employer. The only way to seek more compensation is by pursuing a third-party claim against a party other than the employer or coworker.

Even though most states apply this exclusive remedy limitation, there are still some exceptions. Many states allow lawsuits against employers in one or more of the following situations:

• The employer or a coworker intentionally injured the employee

• The injury was due to the employer’s deliberate violations of OSHA rules

• The employer intentionally concealed a known hazard from its workers

Thus, the first task of a work injury attorney is to identify whether any exceptions to the exclusive remedy rule apply to the employer. If none apply, the work accident lawyer looks at possible third-party lawsuits against anyone, other than the employer, who contributed to the injury.

How a Work Injury Lawyer Analyzes Third-Party Liability

Workers’ compensation provides medical care and partial wage replacement. It does not replace your full income or compensate you for pain and suffering.

The best work injury lawyers can analyze a situation and quickly identify possible third-party claims. Some parties that a job injury attorney may investigate for a claim include the following:

Negligent Drivers

If your job duties include driving and your injuries resulted from a car accident, you may have a third-party claim against the at-fault driver. To prove fault, you must show the other driver caused the accident by failing to exercise reasonable care. If you succeed, you can ask for damages that include your full income losses and pain and suffering.

Manufacturers of Defective Equipment or Safety Devices

Suppose that you were injured when an on-site generator short-circuited and electrocuted you. You may have a product liability claim against the manufacturer.

The law imposes a standard of strict liability on manufacturers for injuries caused by defective products. You do not need to prove the manufacturer intended to cause the defect. You do not even need evidence the manufacturer knew about the defect.

Instead, you only need to show that the product was defective when it left the manufacturer’s hands and that the defect caused your injury.

Product defects can take three forms:

• Design defects

• Manufacturing defects

• Warning defects

Design defects are inherent in the product, rendering it unsafe for its intended use. Manufacturing defects are introduced at the factory and cause the product to deviate from its specifications. Warning defects happen when manufacturers fail to instruct users in the safe use of the product or do not warn them against potential hazards.

Owners or Managers of Hazardous Property

Suppose that you are working on a construction project at a grocery store. On the first day of the job, you slip and fall on the ice in front of the entrance because the store manager did not shovel or salt the walkway.

In this case, your hurt-at-work lawyer might file a claim against the grocery store. The business did not keep the premises reasonably safe by finding and fixing a hazardous condition.

Dog Owners

If your job requires you to enter other people’s property, you may have a claim after suffering a dog bite injury.

Some states require a workplace injury lawyer to prove the dog owner was negligent because they knew of the dog’s aggressive nature and failed to restrain it. Other states impose strict liability on dog owners.

In either case, your work-related injury lawyers can apply your state’s law and determine whether the dog owner is liable for your injuries.

Services Provided by an Employee Injury Lawyer

When you hire an injured-at-work lawyer, their first step will probably be to ensure you have taken all the necessary steps to get your workers’ compensation benefits. You are entitled to these benefits since your injury happened while working to advance your employer’s interests.

The lawyer will also counsel you about what you should not do while receiving workers’ comp benefits to avoid losing them.

Next, your occupational injury lawyer will review your situation to identify any viable third-party claims. You will explain how your injury happened. You may even provide the lawyer with photos of the accident scene and any other relevant documents.

If your lawyer identifies a potential third-party claim, they will gather evidence to support your case and file an insurance claim with the at-fault party’s insurer. An experienced civilian worker injury lawyer should be able to negotiate a fair settlement. If a settlement is not possible, the lawyer can file a lawsuit.

Contact ConsumerShield to Learn More

Work injuries can create a confusing situation since certain parties, such as coworkers and employers, are generally immune from lawsuits. However, a skilled work injury lawyer may identify third-party claims or other legal avenues to compensation.

ConsumerShield reviews your case and connects you with a lawyer who can help. Contact us for a free case evaluation.