In 2022, nearly 125,000 workers were disabled or killed from workplace injuries and illnesses resulting from both traumatic incidents and repetitive injuries. If you feel you were injured as part of your job, a work injury lawyer could help you recoup your monetary expenses.
Every case is different, which is why work injury lawyers specializing in workers’ comp can help you file a winning case. If you’re looking for the “best work injury lawyer near me,” continue reading for a breakdown of the best ways to find work injury lawyers in your area and the reasons you need their help to get the injury settlement you deserve.
Table of Contents
- What is a Work Injury Lawyer?
- Types of Cases Handled by Work Injury Lawyers?
- Types of Work Injuries Handled by Work Injury Lawyers
- Where to Start When You’re Looking for the Best Work Injury Lawyer?
- Where to Find Good Work Injury Lawyers?
- What Questions to Ask When Contacting a Work Injury Lawyer?
- What Information to Provide Your Work Injury Lawyer?
- Conclusion
What is a Work Injury Lawyer?
A work injury attorney specializes in occupational injuries. Importantly, a workers’ comp lawyer and a personal injury lawyer are similar but not identical. The one you are looking for when you type “work injury lawyer near me” depends on the situation.
A workers’ compensation lawyer deals with cases involving accidents or injuries that do not involve an employer’s negligence or harmful intent. Workers’ comp benefits are paid for by the employer to cover their workers’ medical expenses in case of accident or injury, so your job is not in danger when you take advantage of these benefits.
Significantly, workers’ comp benefits only cover monetary expenses, such as medical bills, medication costs, and lost wages. They do not cover pain and suffering.
Workers’ comp lawyers do not need to prove negligence or intent to harm to negotiate their clients’ workers’ compensation benefits. The employer already agreed to pay these benefits in the event of an accident, so a workers’ comp case is not a “settlement” in the same sense as a personal injury claim.
A personal injury claim requires proof of negligence or intent. A personal injury lawyer pursues evidence in the case to negotiate and win compensation for their client in an amount that reflects both monetary and emotional damages. If you pursue a personal injury lawsuit, you will forfeit your other employee benefits with the company.
If your employer provides workers’ comp benefits, you could receive them with the help of a work injury lawyer without having to endure the lengthy process of a personal injury lawsuit. Note that whether an employer is required to pay for workers’ compensation insurance varies based on the size of the business, the state, and even the industry, so that will be the first thing your attorney checks.
Types of Cases Handled by Work Injury Lawyers?
Work injury lawyers handle cases related to accidents or illnesses that result from a person’s occupation. While construction sites and commercial drivers bear the brunt of the media coverage for work-related accidents, many jobs have similar work injury profiles that a work injury attorney has to know about.
For example, while transportation, government, warehousing, agriculture, and construction lead the country in terms of nonfatal workplace accidents, the next most dangerous jobs include retail, manufacturing, wholesale, and hospitality.
While accidents in these industries tend to be less traumatic, workers can experience repetitive use injuries that can cause them to lose just as much work as a fall. A workers’ comp lawyer also wins compensation for cases where the injury or illness developed over time as a result of the job rather than from an isolated incident.
The most common injuries handled by work injury lawyers result from three categories: harmful exposure, overexertion, and slip and fall accidents. According to the NSC, these three groups together include over 75% of the country’s nonfatal work-related accidents.
Exposure to harmful chemical substances or an unhealthy environment can damage workers over time. This includes exposure to radiation, harsh temperatures, high water or air pressure, infectious designs, electricity, radiation, high noise levels, chemicals, or even stress.
Overexertion injuries result from either worker error, employer negligence, or an accident. A workers’ compensation lawyer first has to figure out if the injury resulted from an impact, excessive physical strain, or repetitive motion. Repetitive motion injuries such as typing or sewing can cause injuries over time, but they are much harder to prove since there is no incident pointing to the cause.
Finally, slip and fall accidents can occur due to an unsafe work environment, lack of employee training, or worker error. If an unsafe floor causes an injury, work injury lawyers may advise a personal injury suit if workers’ comp is not sufficient.
Types of Work Injuries Handled by Work Injury Lawyers
Within those categories, several types of work injuries have become the most common that workers’ comp attorneys deal with, including knee injuries, rotator cuff injuries, carpal tunnel syndrome, and back injuries.
Knee Injuries
Knee injuries cause workers to lose 18 days of work on average. They could include cuts and lacerations, sprains or strains, ligament tears, nonspecific pain, burns, and more.
The industries most commonly affected by this injury type are the transportation, moving, service, and maintenance/repair industries due to how frequently those workers have to lift and move heavy objects.
Rotator Cuff Injuries
The rotator cuff is a series of tendons necessary for healthy shoulder function. Spraining, tearing, or straining the rotator cuff accounts for the majority of the over 63,000 shoulder injuries that workers sustain each year.
While some rotator cuff injuries can heal with ice and rest, others need surgery and could potentially disable the worker for weeks or even necessitate a career change.
Carpal Tunnel Syndrome
Carpal tunnel syndrome is a condition that affects the channel of nerves that control the hand and wrist. A tendon or ligament strain in that area can put pressure on the nerve and cause CTS symptoms, such as numbness, tingling, and a weak grip.
Though this can happen as the result of an accident, such as overexerting in a job that requires lifting or slipping on a wet floor, carpal tunnel syndrome is more commonly the result of repetitive motions that cause an overuse injury.
These motions are often small, such as typing or sewing, which is why office workers account for so many workers’ comp cases with this condition. Since the wrist is the third most-injured body part in terms of workdays lost, according to the National Safety Council, carpal tunnel syndrome is a well-known issue.
Back Injuries
Back injuries account for over 1 in 10 workplace injuries. The industries particularly affected are those in the transportation and moving industries as well as healthcare practitioners.
Workplace back injuries can result from an acute incident or chronic overexertion, especially with bad posture. A work injury attorney could help you receive workers’ comp for a back injury by reviewing your business’s training practices and safety procedures.
If you believe your injury was caused by employer negligence, unsafe working conditions, or a lack of proper training, your lawyer may recommend pursuing a personal injury case.
Where to Start When You’re Looking for the Best Work Injury Lawyer?
The internet is the first place to start looking for a work injury lawyer. However, typing “work injury lawyer near me” may not be enough without a better idea of what to look for in a good workers’ comp lawyer. Without it, you would usually hire the attorney with the largest marketing budget, not necessarily the one with the most experience.
Experience is the biggest factor when comparing your search results. Look for firms with experience in workers’ comp cases, not personal injury cases only. Look at their track record and the history of their settlement amounts.
Specialization is another key factor. The best workers’ compensation lawyer for your case should have experience in your industry, so they know the specifics of the common procedures and incidents unique to your line of work.
Where to Find Good Work Injury Lawyers?
Googling “work injury lawyer near me” isn’t the only way to find a good workers’ compensation attorney, not when there are so many modern resources out there to help you curate the best representative for your case.
Bar associations are a great starting point since they have the case records and stats that will help you find someone with experience in your industry. If you trust your place of work, the insurers may provide a workers’ compensation lawyer that will take care of you.
When you seek medical attention after your accident, you can ask your doctor to recommend a workers’ comp lawyer as well. Family and friends may be able to help too but remember to ask about their experience with a firm, not just whether they saw a commercial for them.
Finally, the internet has several accessible attorney directories that could help you find the right lawyer for your case.
What Questions to Ask When Contacting a Work Injury Lawyer?
The most important questions to ask when contacting a work injury attorney involve the above two categories of expertise: experience and specialization.
Ask them what percentage of their cases involve work injuries and whether they’ve represented workers in your industry. Remember to ask about your eligibility for workers’ comp if your case involves a chronic injury, which is harder to prove than an isolated incident.
Ask about their track record and settlement history. And don’t forget to ask the attorney about their fee structure. You need to know not only what they charge to represent you but also whether you will still have to pay them if you lose your case.
What Information to Provide Your Work Injury Lawyer?
A workers’ compensation attorney needs all the documents related to your injury to properly estimate your settlement. Remember that workers’ comp only covers monetary expenses, not pain and suffering.
The key documents they will need include your medical records and doctor’s notes, prescriptions and medication receipts, receipts for tests or therapy, records of lost wages, and anything else that you paid in connection with your injury.
Remember to include any witness statements and contact information that could be relevant to your case. This mostly only applies to acute injuries rather than chronic conditions, but every case is different.
Conclusion
Work injury lawyers fight to make sure that injured workers are compensated for the expenses they accrue after being hurt on the job. The right attorney can make all the difference in your case since not all injuries are easy to prove and the fight for compensation could be an uphill battle. Use online directories, your physician’s advice, and your local bar association to find a workers’ comp attorney with experience in your industry and a pay structure that works for you.
Rocky Horton
Author
Rocky Horton is a health and safety expert from Chapel Hill, NC. He is the founder of AccidentAdvisor and has been featured in Forbes, Bloomberg, and other publications. Learn more.