A Victim of Workplace Accidents?

According to statistics from 2019, almost 80,000 employees in the construction industry were critically injured after falling at work. And, in 2020, eight of Utah’s construction workers and in Texas 34 fell to their deaths. Though we think of workplace accidents as a tragedy that only occurs in certain fields, nothing could be further from the truth. Anyone in any career field can be seriously injured on the job. Your employers are responsible for making sure you work in a safe environment and that you have all the personal protection equipment and training you need to stay safe. But, as we can see from the statistics, that unfortunately doesn’t always happen.

A workplace accident is any injury that occurs while you’re working. This is different from premises liability because it covers any injury that takes place during the course of your employment. So if you were injured when you slipped and fell on your way to a co-worker’s office, it’s still considered a workplace accident. But, it doesn’t stop there. If you were injured while running an errand for your boss, it may still be considered a workplace accident.

Workplace Injury Lawyers-

A lot of people think that compensation for work-related injuries is as simple as just filing a worker’s compensation claim. This misconception likely exists because worker’s compensation will pay regardless of who is at fault. However, many employees discover after they’ve been injured that they do not qualify for workers compensation. Worker’s compensation does not cover independent contractors. And, sadly, some employers attempt to get better rates by misclassifying their employees. Furthermore, a lot of those who have been injured in workplace accidents need additional compensation for pain and suffering or emotional distress. But worker’s compensation fund only pays for medical bills. The best way to get the compensation you deserve is to hire an attorney.

Your employer is legally obligated to make sure they’re providing their employees with a safe and clean environment to work in. If there are any hazards, employers are required to provide their employees with free personal protection equipment. Employers are also obligated to train their employees using a language the employee understands. If an employer is violating any of these standards, an employee needs to be able to report their concerns without fear of retaliation. OSHA has whistleblower acts in place in order to protect employees who file complaints against their employers.

The COVID Quotient

The new (October, 2020) Death on the Job: The Toll of Neglect report expands the scope of worker injury and death to include the ravaging COVID-19 has done to industries ranging from healthcare to meat-packing plants. The data show that at least 163,000 health care workers had been infected, and 713 had died, as of late September, while the meat-packing, food-processing and farming industries reported more nearly 60,000 infections and 238 deaths in the same time frame.

While the Utah Labor Commission offers resources for victims of industrial accidents, injured workers, deceased workers, and all of us who love them dearly need help navigating the best possible compensation.

Compensation is Compassion.

If you have been injured in a workplace accident, Moxie Law Group is here for you. Moxie Law Group is one of Utah’s leading female-led personal injury firms that specializes in fighting for the injured employee with integrity, empathy, and tenacity. We are committed to fighting for our clients who have been the victims of an employer’s negligence. If you have been injured in a workplace accident, Moxie Law Group is just a phone call away.

Pros of Workers Compensation Benefits

Workers compensation refers to a type of insurance employers carry. Most employers carry workers compensation insurance so that they aren’t left with a big bill when workplace injuries occur. Workplace injuries can occur on any job site. But not all workplace injuries require that the injured party file personal injury claim. In fact, many workplace injuries actually don’t need the help of workplace injury lawyers in order for the injured party to get compensation. Generally, a person files a workers compensation claim, they no longer have the option to sue their employer for the serious injuries they’ve sustained. However, depending on the job injury and the circumstances, the injured worker may actually find that it’s easier to file a workers compensation claim.

A Workers Compensation Claim Can Help You

If you’ve been injured in a workplace accident, a workers compensation claim may be able to help you. Unlike a personal injury claim, workers compensation claims don’t require you to prove fault. When it comes to workers compensation claims, you are generally eligible for compensation so long as you were injured on the job. Workplace accident victims may still be able to file a workers compensation claim even if their employer did not contribute to their injury. Workers compensation will compensate those injured on the job for lost wages, medical treatment, and future medical expenses in the case of permanent disability. For those who have only sustained minor injuries, workers compensation may be the best way to recover compensation.

When Workplace Injury Lawyers Get Involved

Personal injury claims may also help those who are injured on the job. However, unlike those who file workers compensation claims, those who file personal injury claims have to prove fault. Furthermore, personal injury claims not only cover the medical treatment and lost wages of the injured worker, they may also cover non-economic damages. Non-economic damages may include emotional distress, or pain and suffering. A workplace accident attorney can help you decide whether or not filing a workplace injury claim is in a client’s best interest, or if they should seek compensation through workers compensation benefits. If you’ve been involved in a workplace injury, it may be time to sit down with a workplace accident attorney to determine whether or not you should seek compensation through workers compensation benefits, or if you should meet with a personal injury law firm.

“When Should I Meet with a Workplace Accident Attorney?”

The sooner you meet with a workplace injury lawyer, the better. If you have a workplace injury, getting legal advice from a workplace injury lawyer is one of the first things you should do. Our law firm gives potential clients a free initial consultation. This way, injured workers are able to determine whether or not a personal injury law firm can help them, without having to take a financial risk. This free initial consultation is the first step on the road to recover compensation. If you’re not sure whether or not you should go with a workplace injury lawyer, or workers compensation benefits, contact Moxie Law Group today for a free consultation.

Proving Negligence

Normally, it’s necessary to prove that a workplace injury was caused by negligence in order to recover financial compensation for injured workers. If you were involved in a job related accident, and you have a permanent disability, medical expenses, lost wages, or any other workplace injury related expense, and workplace accident was caused by the negligence of another person, it may be a good idea to have a conversation with a workplace injury attorney. If a workplace injury attorney is able to prove that the negligence of your employer caused your injury, you may be able to get financial compensation by working with a work injury attorney. Work injury lawyers usually start by looking for evidence of negligence. Negligence can look different across work injury claims, but negligence always has the same elements: duty, breach of duty, damages, and causation.

Duty

Duty refers to a legal obligation. In the most simple terms, you can think of duty as a responsibility, or a job. In order for you to have a valid third party claim, a workplace accident lawyer will need to prove that the third party had a duty to prevent your injury. Here’s a good example: you’re at work and the janitors, who aren’t employed with your company, just finished waxing the floors. However, they did it during the busiest time, and they never put up any signs cautioning others. You slip and fall, breaking your arm. In this case, you may have a third party claim. Injured workers may have a third party claim when a person is injured at work, but not by the fault of the employer. In the case of the slip and fall, the workplace accident lawyer will need to prove that the janitorial company had a duty to caution others.

Breach of Duty

After a workplace accident attorney proves that the third party had a duty, they then need to prove that the third party breached their duty. In the case we just mentioned, it seems pretty straightforward: obviously, the janitorial company breached their duty when they failed to caution people about the condition of the floors, right? Well, even in that case, it’s not so straightforward. And workplace accident attorneys often work with cases where it’s difficult to determine where the breach of duty occurred. Workplace injury attorneys often encounter cases where breach of duty isn’t so clear. And sometimes, workplace accident attorneys encounter third party liability claims where multiple third parties could have breached their duty and led to an work related injury. In a third party liability claim, some states may allow you to apportion liability. This means that if an attorney can show that multiple parties are liable, the parties can share fault. If in a third party liability claim, they all have to pay personal injury damages proportional to the amount of fault they have.

Damages

After proving that a duty existed, and there was a breach of duty, work accident lawyers then need to prove that there are damages. The injured employee’s medical records can be used as evidence of the damages. When a work accident lawyer is proving that there are damages, they aren’t just proving that there were work injuries. In a work injury claim, you can ask for both economic and non-economic damages. So, if your work related injuries include ankle injuries, you can receive compensation for the medical expenses associated with those injuries. But if there were non-economic damages, such as pain and suffering, you may be eligible to recover those as well.

Causation

Lastly, an attorney will need to prove that the third party directly caused the plaintiff’s damages. Depending on the case, this may be extremely difficult. Not only do you need to prove that the defendant caused those damages, but you also need to prove that they caused those damages specifically by breaching their duty. Here’s an example: let’s say a burglar breaks into a home and steps on a Lego. This Lego not only broke is entire foot, it also caused emotional distress. He’d like to go after the homeowners for negligent infliction of emotional distress, and premises liability. Unfortunately, though homeowners generally have a duty to keep their home safe for guests, a burglar isn’t a guest. Therefore, even though their messy home caused the injury, they didn’t have a duty to protect the burglar in the first place. Therefore, they didn’t breach their duty. Not only would a personal injury attorney need to prove that the damages were caused by the defendant, they’d need to prove that they were directly caused by the defendant’s breach of duty.

Should I Hire a Workers Compensation Lawyer?

Most personal injury lawyers give their potential clients a free consultation. If you were injured at your place of employment. In a lot of cases, people find that workers compensation benefits are easier to obtain than a personal injury settlement. Furthermore, if you go with a workplace injury law firm, you will likely have to prove fault. But going through the workers compensation system does not normally require you to prove fault. If workers compensation isn’t paying you enough to cover your injury related expenses, it may be a good idea to meet with a skilled workers compensation attorney, specifically an attorney who deals with workers compensation claims. This is not necessarily a personal injury attorney, though the attorney may practice personal injury as well. If you are unsure of whether or not you need a personal injury attorney, you can meet with a personal injury attorney at Moxie Law Group for a free consultation. This can help you decide what your best options are legally.

How Does Workers Comp Work?

Workers compensation insurance is similar to car insurance or health insurance. At the end of the day, workers comp is an insurance company. Employers purchase workers compensation insurance for each employee. In most cases, they pay higher rates for employees who are more likely to be injured: construction workers, window washers, miners, etc. Employers generally will pay lower premiums for employees who are less likely to be injured within the scope of their employment: bookkeepers, executive assistants, accountants, etc. Since workers compensation fund is an insurance company, they tend to act like insurance companies: they offer low ball settlements, and try to deny claims when possible. Personal injury lawyers don’t all handle underpaying workers compensation claims, therefore you may need an attorney who specializes in workers compensation fund.

Employers Can Prevent Injury

When personal injury lawyers get involved, claims are normally involving a negligent third party. When it comes to injuries due to negligent employer, workers comp claims are the best route to go for the most part. In order to make sure your employees don’t become injured on the job, it’s important that you stay up-to-date on all safety regulations. Depending on your field, it may be also a good idea to hold regular meetings discussing workplace safety, occupational safety, and how to avoid common workplace injuries in your field. Keeping up to date on safety regulations can be the difference between life in death in some industries.

Helping Injured Workers: That’s Moxie

Who’s looking out for employees injured on the job? Unfortunately, claims of wrongful death, product liability, and premises liability cause many employees to sustain serious injury. If you have been injured by the negligence of a third party, and you believe you may have a personal injury case, contact Moxie Law Group to get started on your free consultation. When people think of a legal claim, they normally think of something very expensive. But at Moxie Law Group, we’re dedicated to ensuring that our clients get the maximum compensation, without paying the maximum price. Common work related injuries vary widely across different occupations. However, that doesn’t change the fact that we need to take measures to protect the employees. But how do you protect the employees if none of them can afford an attorney? With the economic and non-economic damages, the last thing anyone wants to worry about is a lawsuit. However, at Moxie Law Group, we offer free consultations. And we work on contingency. So you don’t have to pay anything up front to get the legal representation you deserve. If, during your free consultation, we decide that we can help you get the compensation you deserve, we’ll begin working on your case without asking for anything upfront. Once you get your settlement, a pre-negotiated portion of your settlement will cover your legal fees. If you go all the way to court and you don’t win, you don’t have to pay us anything.

Our Mission

At Moxie Law Group, our mission is to help others advocate for themselves in the face of personal injury. We’re dedicated to making the communities around us safer through the prevention of injuries, and through the promotion of personal safety. We create educational content to help those around us keep themselves safe, and keep everyone around them safe. However, we know that it isn’t yet possible to completely eradicate the chances of injury. Therefore, if you’ve been injured, and you need someone to stand up against the insurance companies for you, contact Moxie Law Group today to get started. Don’t wait until it’s too late to file your claim, contact Moxie Law Group today.