One of the most devastating things that can happen on the job is an unexpected injury. In 2020 alone 2.7 million workplace injuries and illnesses were reported by private industry employers, according to the Bureau of Labor Statistics. Depending on the severity, you could find yourself under a mountain of medical debt, face unnecessary pain and suffering, or even lose your ability to work.
At Buttafuoco & Associates, our experienced workplace injury lawyers serving Northern New Jersey handle a wide range of cases, helping our clients get their lives back on track. I’ll tell you more below about how to know if your employer is responsible if you’re injured at work. I’ll also discuss what to do in the unfortunate case that this happens to you.
Workplace Injuries and Workers Compensation Claim
All workplaces have the legal responsibility to maintain safe environments and minimize safety risks. When they violate this, the injured worker can file a workers compensation claim, and potentially a personal injury lawsuit that covers your expenses. Often when we think about a workplace injury, we think of sudden traumatic accidents, such as slip and falls, but workplace injuries happen for a variety of reasons. According to the Occupational Safety and Health Administration (OSHA), the federal agency designated to protect Americans at the workplace, employers have a long list of responsibilities they must uphold to keep each employee safe, including:
- Providing safety tools and equipment to employees
- Properly maintaining equipment
- Safety training in a language and vocabulary you understand
- Providing medical exams and training in compliance with the agency’s standards
- Maintaining records of injuries and illnesses at the workplace
- In the case of injuries or exposure to toxic chemicals, providing access to medical and exposure records to employees or their authorized representatives.
If your employer’s failure to follow OSHA guidelines led to your workplace injury, you likely have a workers compensation or personal injury case. If you are unsure, a Northern New Jersey workplace accident attorney at Buttafuoco & Associates can tell you about your rights and explain whether or not you have a case.
Your Rights as a Worker After Being Injured on the Job
Not only does your employer have responsibilities, but you have rights as a worker; under the authority of OSHA, you have the right to report incidents, access injury reports, tests, and inspection records, and request an inspection (and communicate with the inspector). You also have the right to file a health and safety complaint, and you are protected from retaliation, including demotion, transfer, or termination. If your employer has retaliated against you for reporting safety concerns, it’s important to reach out to a workplace injury lawyer in Northern New Jersey for help protecting your rights.
You are legally entitled to be compensated for lost wages, medical bills, mental or physical pain and suffering, physical therapy, the need to hire assistance for your usual household duties, and more. A workplace injury lawsuit can help you file a claim and recover these expenses.
Work Related Injury Lawsuits and Insurance Companies
If you seek damages either through workers compensation or a personal injury lawsuit, you’ll be up against your employer’s insurance company, whose business model is based on minimizing payouts as much as possible. At Buttafuoco & Associates, we’ve seen numerous cases where insurance companies try to pay as little as possible or refuse to pay all together. They make money by trying to blame the accident on you and lowballing you on what you deserve, hoping you’ll accept a fraction of the money you’re entitled to. If your insurance company is lowballing you, don’t accept the offer. You are entitled to compensation for lost wages, treatments you need for your injuries, pain and suffering, and other damages. Always attempt to negotiate if you know the settlement won’t cover these costs. If you are not successful, get in touch with an attorney as soon as possible.
Product Liability Lawsuit
In some cases after being injured on the job, it is discovered that your work-related injuries are not the fault of your employer. If you’re using a tool or piece of equipment properly and it malfunctions, either due to a design or manufacturing error, you may instead have a product liability case. In this situation, you wouldn’t file a personal injury claim against your employer; you would instead file a claim against the manufacturer of the tool or equipment.
If you suffered an injury or illness on the job and find yourself in this situation, you’ll want to keep in mind that just like employer insurance companies, manufacturers will fight back with an army of corporate lawyers. In these cases, working with a Northern New Jersey workplace accident attorney will often give you the best chance of successfully recovering compensation.
Get in touch with Buttafuoco & Associates for a free consultation at 1-800-NOW-HURT.
