Most Common Workers’ Compensation Claims
Whether you work at an office, healthcare clinic, or construction site, you face a risk of workplace injury and illness. Workers sustain serious injuries daily just by doing their jobs – whether it’s moving patients from beds to wheelchairs or working with machinery. It’s important to know your rights and not quickly dismiss an injury or illness as “one of the risks of the job.”
As an employee, you deserve to work in a safe environment. Most employers have workers’ compensation insurance to compensate injured workers. Read on to learn more about third party claims and the most common workers’ compensation claims for healthcare workers and construction workers.
What Occupations Have the Most Injuries and Illnesses?
The U.S. Department of Labor tracks which private industry occupations incur the most injuries and illnesses each year, and not surprisingly, laborers and tractor trailer drivers topped the list in 2018. However, if you combine the two occupations related to nursing in the chart below, injuries sustained by nurses and nursing assistants are the second highest, accounting for 6.4% of all injuries in the U.S. that year.
The U.S. Department of Labor also tracks which occupations experience the highest number of fatalities, and transportation and construction jobs top the list – accounting for 47% of workplace deaths in 2018.
What Are Common Healthcare Worker Injury Claims?
More than half of the top 10 fastest growing occupations in the U.S. are related to healthcare. The very people who have chosen a profession dedicated to healing others – nurses, physical and occupational therapists, home healthcare aides – are exposed to potential health hazards and on-the-job injuries on a daily basis.
Common healthcare industry injury claims include:
- Needle-stick injuries
- Sprains and strains
- Injuries caused by violent patients (intentional and unintentional)
- Herniated discs and other back injuries
- Latex allergies
- Bacterial infections and viral illnesses
- Slip and fall injuries
- Carpal tunnel or injuries due to repetitive motion
Unfortunately, some insurance companies may deny benefits to healthcare workers who have been seriously injured, arguing that pre-existing conditions are to blame or that the injuries were not job-related. If you have gotten sick or hurt from your healthcare job, you should consider the many good reasons to hire an experienced workers’ compensation lawyer.
Our team of workers’ comp attorneys are familiar with insurance company tactics and have access to experts who can testify about the impact of an injury on a client’s life. Call 1-866-900-7078 or fill out this free case evaluation form today to see if we can help you try and get the compensation you may deserve.
Does Workers’ Comp Cover COVID-19?
This is a top-of-mind question for many with no clear answer yet. If your job places you at a greater risk for contracting COVID-19 than the general public, you may have a workers’ comp claim. But it’s tricky because in an evolving regulatory environment, states are approaching COVID-19 issues differently. Many states are taking actions to extend workers’ comp coverage to workers who have the greatest risk of contracting the virus, such as healthcare workers, essential workers, and first responders.
What Are Common Construction Worker Injury Claims?
Whether working from heights or handling heavy equipment, construction workers can sustain serious injuries and see their quality of life destroyed in an instant. Injury victims and their families should speak with an experienced workers’ comp attorney when trying to determine what benefits they may be eligible for, if they are getting all the benefits they are entitled, or what to do if their claim was denied.
Common construction worker injury claims include:
- Blindness and vision impairment
- Broken bones from falls
- Burns and scarring from explosions and fires
- Hearing loss
- Heat stroke
- Herniated discs and other back injuries
- Knee injuries
- Neurological damage from electrocution
- Shoulder injuries
Contact the Law Offices of James Scott Farrin. We take an aggressive stand on behalf of our clients and are ready to fight for the compensation and benefits they may deserve. Call 1-866-900-7078 for a free case evaluation.
Does OSHA Affect My Workers’ Comp Benefits?
No. OSHA and workers’ compensation are two different programs. In 1970, Congress created the Occupational Safety and Health Administration (OSHA) as part of the U.S. Department of Labor to “ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.” OSHA establishes regulations that deal with specific safety precautions that should be followed to prevent workers from getting hurt on the job. You do not receive any benefits from OSHA.
Workers’ comp allows you to seek compensation after you have sustained a work-related injury or illness.
What Is a Third-Party Claim?
If a company or person, who is not your employer, causes your injuries while you are working, you may be able to file a civil claim against them. This is called a third-party claim and would allow you to seek damages for pain and suffering.
Workers’ compensation is a no-fault system which requires employers to provide limited benefits, mostly for lost wages and medical treatment, when an employee is injured on the job. Employees do not have to prove that their employer was at fault to get benefits, but they also cannot file a separate civil lawsuit against their employer or recover damages for pain and suffering.
You may be able to file a workers’ compensation claim and pursue a third-party claim if your injury was caused by someone other than your employer or a co-worker.
Examples of Third-Party Claims
If your injury was caused by the negligence of a third party, you may be able to recover for pain and suffering and other losses in addition to the lost wages and medical expenses recovered under workers’ compensation.
The following examples are workers’ compensation cases that could possibly lead to third-party claims:
- An injury due to the operation of a defective machine owned by a company other than your employer
- An injury at a construction site which stemmed from a negligent contractor who was working under a different employer
- An injury while working at unsafe premises owned by someone other than your employer
- An injury from a work-related vehicular accident in which the at-fault driver is not associated with the company
If your workplace injury was caused by a third party, you may be entitled to more compensation than you think.
Award-Winning, Battle-Tested Workers’ Compensation Attorneys
You are not alone if you have been injured at your job at a healthcare facility or on a construction site. Some of the most common workers’ compensation claims are made by healthcare workers and construction workers.
If you or a loved one have been injured at work, you should contact an experienced workers’ compensation lawyer. Put our inside knowledge, experience in fighting for justice, and NC State Bar Board Certified Specialists in your corner:
Multiple members of our team are former defense attorneys and paralegals for insurance companies. That means we’ve worked for the “other side,” and can draw on that inside knowledge to help prepare you for what you’re up against.
A number of our attorneys have more than ten years of experience, including multiple recognized professionals in workers’ compensation. Many of them continue the fight for justice outside the office, contributing their time, knowledge, and skill to community service organizations such as North Carolina Advocates for Justice.
NC State Bar Board Certified Specialists
Several of our attorneys are North Carolina State Bar Board Certified Specialists in Workers’ Compensation law. This is a rare specialization in NC: There are only 152 attorneys licensed to practice in the state who can call themselves Board Certified Specialists in workers’ comp – .5% of all attorneys licensed to practice in NC.3
Learn More: The James Scott Farrin Advantage
3 Figures provided by NC State Bar as of 2/21.