Industrial Accident FAQs
What should I do if I suffer a workplace
injury?
Are there any laws governing work injuries?
What benefits am I entitled to under Workers'
Compensation law?
What is a third-party lawsuit?
My spouse was killed on his job as a crane
operator in a warehouse. Is that a workers' compensation claim
or a wrongful death?
Do I need an attorney to represent me if I am
injured on the job?
How am I paid when temporarily unable to return
to work?
What are the most common work injuries claims?
What should I do if I suffer a workplace
injury?
Those who suffer work related injuries should report them as
soon as possible to their employer using the proper forms. A
physician should also investigate work-related injuries.
Evidence of work related injuries allow the victim to qualify
for worker’s compensation and associated benefits. In
addition, you may wish to pursue your legal rights with an
experienced workplace injury attorney at Oshman & Mirisola,
LLP.
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Are there any laws governing work
injuries?
Workers' Compensation law provides benefits to workers who are
injured on the job or who suffer an occupational disease
arising out of and in the course of employment. The problem
with Workers' Compensation benefits is that the compensation
is often not sufficient to address the extent of the injuries.
In this situation, an attorney can advise you on how to obtain
the compensation you need to cover your medical costs. Contact
Oshman & Mirisola, LLP to discuss your case.
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What benefits am I entitled to under
Workers' Compensation law?
The benefits under Workers' Compensation include weekly
payments based on a percentage of the employee's average
weekly wage. These payments cover temporary total disability,
partial disability, permanent and total disability, and
permanent loss of function and disfigurement. Other benefits
include:
- Medical bills
- Vocational rehabilitation/training
- Death benefits
- Lost wages
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What is a third-party lawsuit?
Third-party lawsuits involve another party, other than the
employer. For example, if you are injured by a saw, there may
be a product liability case against the manufacturer of the
saw. In addition, if a worker was injured on a construction
site, another contractor could be liable. These cases require
immediate attention and expertise of an attorney because the
responsible third party is often difficult to locate and the
evidence may need to be preserved. Contact
Oshman & Mirisola, LLP to discuss your case.
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My spouse was killed on his job as a
crane operator in a warehouse. Is that a workers' compensation
claim or a wrongful death?
This situation would likely fall under worker’s compensation
laws, as the benefits paid would be from the worker’s
compensation insurance afforded by your spouses’ employer.
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Do I need an attorney to represent me if
I am injured on the job?
You have the right to be represented by an attorney of your
choice concerning your work-related injury. Your attorney will
assist you in seeing that your benefits are properly
protected. Your employer or your employer's insurance company
will be advised and represented by individuals experienced in
Workplace Injuries cases. You should have an attorney
experienced in handling Workplace Injuries representing you as
well.
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How am I paid when temporarily unable to
return to work?
If you are temporarily totally disabled, without interruption
for more than seven days from an on the job injury, weekly
benefits should be paid to you at the rate of 66 2/3 percent
of your average weekly wage.
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What are the most common work injuries
claims?
Some of the most common work injuries involve:
- Employee death
- Head injury
- Brain injury
- Neck Injuries
- Spinal cord injuries
- Back injuries
- Lung disorders
- Asbestos
- Lung Cancer
- Mesothelioma
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For more information, please see our Industrial
Accident page.
Contact us online through our FREE
accident evaluation form if you have any questions about
your claim.
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