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A workplace injury can happen to anyone at any time. It doesn’t matter how careful you are, accidents will always occur. After a workplace injury happens, you may find yourself wondering “What do I do next?”

There are many questions surrounding workplace injuries. For example, should you report the accident to your employer? Should you file a workers’ compensation claim? And what if you get hurt again while working?

This guide will answer these questions and help you understand what you can do after a workplace injury.

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What Can You Do After a Workplace Injury?

What is considered a work injury?

A workplace injury is defined as an unexpected event or condition that occurs during the course of employment. This includes situations such as slips, trips, falls, burns, cuts, bruises, sprains, strains, dislocations, fractures, amputations, and other types of physical damage.

What should you do after a workplace injury?

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1. Report the Accident

The first step after any workplace injury is reporting the incident to your supervisor or manager. You should immediately notify your employer about the accident so they can begin their investigation.

2. Get Medical Attention

After you’ve reported the accident, it’s important to seek medical attention right away. Depending on the severity of your injury, you might require immediate treatment at the scene of the accident.

3. Document What Happened

After you get medical attention, document everything that happened before, during, and after the accident. Make sure you note all information related to the accident, including:

• The date and time of the accident

• How many people were involved

• Where the accident occurred

• Whether anyone was injured

• Any witnesses

4. File a Claim With Workers’ Compensation

Once you’ve documented everything that happened, file a claim with workers’ compensation. This is the only way to ensure that you receive full benefits for your injury.

If you believe that your employer has failed to pay you appropriate benefits, or if you feel that your employer did not properly investigate your injury, you should consult with an experienced personal injury lawyer.

What should you expect from your employer?

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A workplace injury can leave you with a lot of uncertainty — especially if you have a disability that can make it difficult to return to work. It’s comforting to know that even if you can no longer work your old job, it’s possible that your employer could be required to provide reasonable accommodations for you, as long as it does not cause them undue hardship. This means, that whether you’re returning to your old workplace or starting work somewhere new, your employer should find a reasonably relevant and accommodating position for you, as long as you can do the essential functions of your job.

For instance, your employer may need to adjust your work schedule, acquire modified equipment, or place you in a different position entirely depending on what your work restrictions are. In some cases, this may even include adjusting or modifying examinations, training materials, policies, or providing qualified readers or interpreters.

Don’t let employers use your disability as an excuse not to accommodate you. If you’re having trouble with an employer who refuses to take your disability into consideration, don’t hesitate to contact an attorney. It’s important to find out what your rights are when it comes to employment. Your injury shouldn’t prevent you from working.

If you developed a disability after a workplace accident and are having difficulty finding an employer who will accommodate your disability, don’t hesitate to contact us for a free consultation.

When just given the name, Supplemental Security Income and Social Security Disability Insurance sound very similar, especially when they’re referred to by their abbreviations: SSI and SSDI. However, Supplemental Security Income and Social Security Disability are very different and have very different requirements for who can qualify.

Difference between Social Security Insurance and Social Security Disability

What is Supplemental Security Income?

SSI refers to Supplemental Security Income. SSI is designed to support those in financial need. Whether or not you qualify has nothing to do with your work history. The only thing that’s taken into consideration is your income and financial situation. In order to receive SSI benefits, you must have less than $2,000 in assets. If you are married, you must have less than $3,000. Unlike SSDI, SSI is funded by general taxes rather than the Social Security trust fund.

What is Social Security Disability?

On the other hand, Social Security Disability has to do with your employment status. Because funds are drawn from payroll taxes, your eligibility has to do with how long you’ve been employed and paying into Social Security. In order to receive these benefits, you must be younger than 65. You must also have earned a certain number of work credits. These work credits are determined by your annual income.

40104836 social security disability insurance ssdi application form and pen

Can You Have Both SSI and SSDI?

The Supplemental Security Income (SSI) program provides cash assistance to people who are unable to work because of physical or mental impairment. The Social Security Disability Insurance (SSDI) program pays monthly benefits to people who become too ill to work due to a medical condition. If you meet the requirements of both programs, you could receive payments from both programs simultaneously. This is what the Social Security Administration calls “concurrent“.

What if my SSI or SSDI application is rejected?

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Insurance agent services. Concept of life and health insurance. Social protection of people. Security and support. Miniature wooden figures of people in the form of a family

Many people think that if they apply for Supplemental Security Income (SSI), it will automatically be approved. Unfortunately, this isn’t always true. In fact, many applicants are denied because they don’t meet the requirements. But there are ways to appeal such denials.

If you believe you qualify for SSI and have been wrongly denied based on incorrect information, you might want to consider appealing. You can do this yourself or hire someone to represent you.

If you qualify for either SSI or SSDI, be sure to contact an experienced attorney. We can help guide you through the process of applying for these benefits and make sure that you doing what best fits your situation.

Whether you qualify for SSI or SSDI, make sure that your rights are being protected and that you are receiving the benefits you deserve. Give us a call for a free consultation.

When you’re focusing on recovering from an injury, the last thing you want to think about is having to deal with a legal battle to get the settlement you deserve. However, waiting can put you at risk of not receiving anything for your case. That’s why it’s always best to act as quickly as possible. Given this, what is the statute of limitations on personal injury cases?

Statute of Limitations on Personal Injury Cases

The actual statute of limitations on personal injury cases is 3 years. This means that from the date of your injury, you have 3 years to file a personal injury claim — but it’s always a good idea to get started as soon as you can.

For one thing, you don’t want to let time slip away from you. If you keep putting off filing your claim, you could miss your window, in which case the at-fault party would not be held responsible, and you would get nothing from them.

Another reason to make your claim early is that your case is still fresh in the minds of doctors, physicians, and other experts you will need to support your case. For instance, if your doctor is asked to testify, they’re much more likely to remember the details of your case if it happened a few months ago rather than if it happened a few years ago. Your doctor’s testimony is going to be more credible if it is more recent.

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We understand that it can be incredibly overwhelming to deal with both recovery and your personal injury case. That’s why we recommend working with an attorney from day one. We’ll be with you every step of the way to make sure that everything is taken care of.

The statute of limitations on a personal injury case is only 3 years. Make sure that you speak with an experienced attorney about getting what you deserve before time runs out.

We understand that after you’ve been injured on the job, you’ll want to do everything in your power to make that wrong right. And sometimes, simply receiving workers’ compensation for your injury doesn’t feel like enough. You may think that you should sue your employer for negligence too. However, can you actually do such a thing? Keep on reading to find out more about this question and what you need to know before filing a lawsuit against your employer.

Can You Sue Your Employer for Negligence?

What Constitutes Negligence?

Negligence is when someone fails to act reasonably and responsibly. This includes failing to use reasonable care and diligence.

Negligent acts usually involve some type of failure to perform a duty owed to another person. The most common types of duties are those involving safety, health, property, and contracts.

Suing Your Employer For Negligence May Be Difficult

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If you believe that your employer was negligent in causing your injuries, then you may want to consider taking legal action against them. However, there are many things that could prevent you from doing so.

First, you must realize that even though you may be entitled to damages, you will likely never receive all of them. If you take your employer to court, you may end up settling for less than you deserve.

Second, you need to understand that you may not be able to sue your employer. Most states have a workers’ compensation system which provides injured employees with medical treatment and temporary disability payments. These systems are designed to provide injured workers with financial assistance while they recover from their injuries.

Third, you should know that filing a lawsuit against your employer may cause problems for you later on. You may find yourself unable to collect future medical bills because your employer’s insurer may refuse to pay them. This is especially true when you are receiving workers’ compensation benefits.

Can You Sue Your Employer For Negligence?

According to workman’s comp law, you are not allowed to sue your employer for negligence. The only avenue is through workers’ compensation. 

The reason for this is simple: if an employee sues his or her employer for negligence, it would be considered “double dipping.” In other words, the worker would be suing both their employer and the insurance company that paid them benefits.

This means that if you were hurt at work, you can either file a claim with your employer’s insurance company (workers’ comp) or you can sue the negligent party directly. However, you cannot sue both parties simultaneously.

What if you can prove your employer’s negligence?

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As a follow-up question, I frequently have clients ask, “But what if I can prove that my employer was negligent?” Even if they were somehow negligent, you still cannot sue.

It IS possible to get an additional 10% penalty against your employer if you can prove that they willfully failed to comply with any statutory requirement; however, cases of the Industrial Commission enforcing this penalty are very rare. “Willful Failure” is a very high standard to meet. Generally, the employer would have to be at fault for something far more serious.

The only exception to being able to sue your employer in the case of an injury is if your employer was required by law to carry workers’ compensation and failed to do so. In this case, your employer cannot claim the Workers’ Compensation Act as a defense in a lawsuit. In this case, you would be able to sue.

In the vast majority of cases, you may not sue your employer for negligence. When it comes to workers’ comp cases, it’s always a good idea to work with an experienced attorney who has a good understanding of what you can or can’t do with your case.

Workers’ compensation claims can be complicated and challenging to navigate, especially when it comes to determining the outcome of a case. As an injured worker, it can be frustrating to wait for a decision from the workers’ comp adjuster on whether your claim will be accepted or denied. However, certain factors can give adjusters a good indication that a claim will likely be successful. In this blog post, we’ll explore seven powerful things that let a workers’ comp adjuster know they’ll probably win. From medical evidence to timely reporting of injuries, understanding these key factors can help you make a stronger case and increase your chances of receiving the compensation you deserve.

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Injured Workers without Attorneys

This is almost a no-brainer. The Workers’ Compensation Act is so complicated and so full of loopholes that it takes a serious professional to know it all. So when seasoned adjusters go up against injured workers without an attorney at their side, it’s almost a guaranteed cheap settlement for the adjuster. And saving money for the insurance company is Job #1 for the adjuster. For a better idea of what workers’ compensation entails, go here.

How Oxner + Permar works to your advantage: Whether it’s getting reimbursements for your mileage; making sure relevant personnel included your overtime, bonuses, or per diems in your average weekly wage; or demanding the workers’ compensation insurance company pay for your yard care or housecleaning if you cannot do it, we never let an adjuster cheap out on your case.

Injured Workers With Attorneys Who Aren’t Aggressive

Even better than an unrepresented injured worker is one with an attorney who doesn’t do anything. Most of their clients don’t realize how easy it is to switch to an attorney who’s going to get things done. If the attorney is too slow-moving to even return phone calls or meet face-to-face with clients, he’ll never get the adjuster to back down.

How Oxner + Permar works to your advantage: We are known for being aggressive. Our workers’ compensation attorneys take more cases to hearings than any other – and that reputation pays off even for those whose cases doesn’t need a hearing. Adjusters know they’ll never get rid of us quickly or cheaply.

Knowing an Injured Worker Needs Weekly Checks

Workers’ Compensation adjusters know the Industrial Commission lets them withhold checks for no good reason. They can do this for three weeks at a time and as often as they like if an attorney doesn’t intervene. If an adjuster can do this a few times, the injured workers will be desperate to settle – usually for the first or second offer.

How Oxner + Permar works to your advantage: We move quickly to obtain orders from the Industrial Commission requiring timely payment to you. We’ve even filed motions for workers’ compensation adjusters to be held in contempt if they continue playing games with your checks. The result is that most adjusters have learned not to bother our clients.

an employee meeting with a workers' comp adjuster

Doctors Who Will Return You to Work Without Restrictions

Experienced adjusters know this is a golden opportunity for them to cut your claim’s value immediately. So they hand-pick the doctors in advance to increase the chances this could happen to you. Your worker’s comp doctor can release you when you’re not ready to return to work. In most cases, the Industrial Commission will let the insurance company adjuster cut off your weekly workers’ compensation checks with little advance notice unless you act fast to prevent it.

How Oxner + Permar works to your advantage: We’ve developed a system for combating this. As soon as one of these company doctors attempts to release you without restriction, we file a series of legal documents. This requires the workers’ compensation insurance adjuster to hire an attorney, provide you with just medical care, and ultimately stall any attempt to cut your checks off.

The Workers’ Comp Adjuster Myth that Attorneys Will Take Most of Your Settlement

This myth is spread by adjusters, doctors, and rehabilitation professionals, but it’s often far from the truth. The adjusters’ research group found that injured workers with attorneys average settlements that are 2.7 times greater than those without a lawyer. Workers’ Compensation Adjusters know that attorneys shouldn’t charge more than 25%, so even after paying a fee, the average injured worker will get twice as much having an attorney as they would otherwise.

How Oxner + Permar works to your advantage: We believe legal help should limit fees to 25%. We think fees should be paid only when we win or negotiate something for you. And we don’t take cases where you’ll not come ahead after paying a fee.

workers' comp adjuster arguing with employee

Employers Who Offer Light Duty

The adjuster wants to get you off her payroll and back onto the company payroll as quickly as possible. What happens after that isn’t her business. If your employer can find a reason to fire you, you’ll be on no one’s payroll. Best yet, for the adjuster anyway, is that in most situations, she won’t have to put the injured ex-worker back onto weekly checks.

How Oxner + Permar works to your advantage: Just as with full-duty return to work notes, we have a system in place which immediately smothers the adjuster and the employer with legal paperwork to make sure that any proposed light duty job is legal, is beneficial to you, and does not jeopardize your claim. This is a highly complex area of the law, and it is one where we’ve seen hundreds of injured workers have their claims go down the drain because tough lawyers did not protect them.

Rehabilitation Nurses and Vocational Rehab Counselors Who Break the Rules.

Adjusters hire these Rehabilitation Professionals to help keep costs down. But the RPs charge as much as $85.00 per hour. How does that save the adjuster money? All too often, it’s because the RPs are violating the Industrial Commission’s Rehab Rules. And they do it in a way that almost always guarantees a win for the adjuster.

How Oxner + Permar works to your advantage: RPs have a begrudging respect for us. Many will privately concede that we make them tow a line that few other lawyers do. We keep databases of rehab professionals from different files and note their strengths, weaknesses, and areas we’ve had to back them down. We won’t go into dealings with these people without being fully prepared, and we don’t let our clients do so, either.

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