Workplace Injury Lawsuit

Workplace injuries are injuries or illnesses that occur while you are doing your job. An injury is typically considered work-related if it occurred on the job. The injury or illness can take place at work, in a remote location, or anywhere you are required to perform a task for your employer.

Sokolove Law has over 45 years of experience handling personal injury claims. Call (800) 995-1212 now for a free case review to learn more about your options.

Get a Free Case Review

About Injuries in the Workplace

According to the U.S. Bureau of Labor Statistics (BLS), employers report about 2.8 million work-related injuries a year and approximately 5,300 work-related deaths.

Injuries at work typically happen because of:

  • Unsafe work conditions or environments, like the presence of hazardous materials or exposure to a dangerous work setting
  • Defective or faulty equipment or machines on the job
  • Performing demanding or repetitive tasks for an employer, like heavy lifting

Some occupations, like construction, have a higher risk of injury than others, but work injuries can happen in any line of work. An injury at work can be devastating, so it’s important to receive proper legal representation.

Call Sokolove Law now at (800) 995-1212 to see if our job injury lawyers can help with your case. It costs nothing to speak with our team.

What Is Workers’ Comp?

Informally referred to as “workers’ comp,” workers’ compensation is a type of insurance that an employer is legally required by law to purchase. It provides economic relief if an employee sustains an injury or illness at work.

The money received from a workers’ compensation claim can help pay for:

  • Medical bills, medicine, or treatment
  • Your bills and everyday living expenses
  • A portion of lost wages

If you were injured at work, you may be eligible to file a lawsuit with the help of workplace injury lawyers. Get a free legal consultation now to find out if our job injury lawyers can help your family.

Common Examples of Workplace Injuries

Work-related injuries can compromise the victim’s day-to-day life, cause serious and/or long-term harm, or permanently impact the victim’s overall ability to work. In worst-case scenarios, serious injuries at work can even lead to death.

The most common workplace injuries include:

  • Falls, slips, and trips
  • Broken bones or lacerations
  • Equipment injuries
  • Overexertion
  • Back injuries
  • Carpal tunnel syndrome (CTS)
  • Transportation/car accidents
  • Electrocution
  • Falling objects
  • Chemical poisoning

Keep in mind: This is only a partial list. If you don’t see the workplace injury you or your loved one experienced, you may still have a case.

Fill out the form on this page for a free case review, and our workplace injury lawyers will let you know what your legal options may be.

Types of Workplace Injury Cases

In the workplace, there are many different ways you can potentially get hurt. Sometimes the cause of your personal injury may be immediate, like slipping and falling or hurting your back lifting something.

But other times, an injury or illness may result from harmful working conditions and may develop over time, like cancer or psychological conditions.

Job injury lawyers are able to help with a variety of different workplace accidents, but some of the most common injuries we see are listed below.

Workplace Accidents

Some of the most common types of occupations involved in workers’ compensation claims and workplace injury lawsuits include:

Workplace accidents may entitle employees to collect workers’ compensation benefits, regardless of who is at fault. Employers are required by law to provide compensation for those involved in a work-related injury. After all, injuries at work can force an employee to miss time from work or leave them unable to work indefinitely.

Workers’ compensation typically covers medical expenses and 50-67% of an employee’s pay while they are unable to work.

If an employee collects workers’ compensation, they may lose the right to sue their employer, but they could be able to sue a third party for negligence that contributed to their injury.

Chemical Exposure

At work, certain employees may also be exposed to hazardous materials that can be dangerous to their health. But it’s the employer’s responsibility to protect employees from hazardous substances and provide a safe work environment.

Chemical exposure injuries usually occur in places where dangerous chemicals are manufactured, mined, used, or stored. That said, workplace injuries and illnesses from chemical exposure can also take place in an office from leaks, paint, cleaning chemicals, or improper ventilation.

If an employee inhales, ingests, or comes into contact with certain harmful chemicals and toxins, they may be at risk of developing a variety of injuries and illnesses.

Some common hazardous substances include:

When exposed to these kinds of hazardous materials for prolonged periods, employees may experience some of these common chemical exposure injuries and illnesses:

  • Cancers
  • Burns
  • Rashes
  • Nerve damage
  • Neurological illnesses like brain damage

What to Do In Case of Injury at Work

If you sustain an injury at work, you need to take certain steps in order to protect your legal rights and get the compensation you may be entitled to.

Step 1: File an accident report immediately after it takes place.

The deadline to file a report is fairly short in most states. You should file an accident report even if you don’t think you’re injured, because it protects you if injuries arise or worsen after the accident occurred.

Step 2: Report your injury as soon as possible.

If you experience an injury after the accident took place, you should inform your employer at the first sign of injury or symptoms. Be sure to notify them in writing, so you can prove what you said and when you said it later on. Keeping records of what happened, who was there, and what you’re experiencing can be very important for your case.

Step 3: See a doctor as soon as possible after an accident at work.

If the injury warrants it, you should seek medical care immediately. Even if an injury doesn’t seem very serious, some employers may even require you to visit a doctor or the hospital to make sure you’re OK. A doctor should know what to look for in these kinds of cases while you or your coworkers may not. Your safety comes first.

Step 4: Consult a personal injury attorney.

Before filing a workers’ compensation claim, it’s in your best interest to contact an attorney. Work injury lawyers have been through this before and can help you determine the best course of legal action.

If you or a loved one have been injured at work, you can get a free legal review by filling out the form on this page to see if you may have a personal injury case.

How Do Work-Related Injury Claims Work?

In most cases of work-related injuries, an employee receives benefits from an employer through workers’ compensation. Workers’ compensation typically protects an employer from being sued. However, there are situations that may warrant suing an employer.

Some common circumstances that allow an employee to sue their employer include:

  • If an employer injured an employee intentionally. The injury must be caused by a deliberate act, not negligence.
  • If an employer fails to provide workers’ compensation or does not have sufficient workers’ compensation insurance.
  • If a third party other than one’s employer was responsible for the workplace injury.

A workplace injury lawyer will work to prove that an employer created a situation in which an injury was likely to occur or proving a third party’s negligence.

Work-related injury claimants must demonstrate their damages, such as:

  • Physical injury
  • Lost wages due to inability to work
  • Medical bills

Proving intent can be challenging without the help of a qualified and experienced work-related injury attorney. Contact Sokolove Law today by filling out the form on this page to learn if we may be able to help in your situation.

What Are Your Rights If You Get Injured at Work?

Laws differ from one state to another, but there are general legal rights applicable to all employees. An employee who sustains an injury or illness at work has the right to file a claim for the injury and pursue medical treatment. With a doctor’s approval, an employee has the right to return to work without the fear of payback or unlawful termination.

Accepting workers’ compensation benefits typically means that an employee gives up their right to file a lawsuit against their employer. In cases where a workers’ compensation claim is denied or insufficient, employees should speak with a workers’ compensation attorney.

Is There a Statute of Limitations on Workplace Injuries?

Statute of limitations refers to a set of state-level laws that determine exactly how much time a person has to file a certain kind of lawsuit, such as a personal injury, wrongful death, or premises liability claim. These laws specify a time limit for workplace injury claims.

Each state sets its own statute of limitations, and time limits can vary widely from state to state. For example, the statute of limitations in Massachusetts may differ from those in New Hampshire or Rhode Island.

Regardless of the state, when the time limit is up, a lawsuit can’t be filed. If you or a loved one were injured at work, contact Sokolove Law today by filling out the form on this page to learn about your legal options.

Should I Hire a Workplace Injuries Lawyer?

Every workplace must meet certain guidelines to ensure the safety and fair treatment of their employees. Workplace injury lawsuits may result from damages caused by an industrial accident, on-the-job exposure to hazardous materials or other work-related injuries.

If you or a loved one were injured at work because of an employer’s negligence, Sokolove Law may be able to help you pursue compensation for your injuries. Sokolove Law is a personal injury law firm with extensive experience across a broad range of practice areas, including workplace injuries.

While our law firm has deep roots in the New England area — first in Boston, Massachusetts before later expanding to New Hampshire and Rhode Island — today, we’re a national law firm serving clients in all 50 states.

If you sustained a workplace injury or illness, contact us today by chat, phone, or by filling out the form on this page. We’re here to help. Let us bring our more than 45 years of experience to bat for you.

Workplace Injury Lawsuit Settlements FAQs

If I get hurt at work, what should I do?

If you get hurt at work, be sure to:

  • Report the accident and your injury to the employer immediately
  • Get medical assistance if necessary
  • Retain copies of all records and forms for your protection
  • Not sign anything until consulting an attorney

Navigating a workplace injury can be difficult, but the work injury lawyers at Sokolove Law can help protect your legal rights and pursue the compensation you deserve.

What qualifies as a workplace injury?

The Occupational Safety and Health Administration (OSHA) considers an injury to be work related if it takes place or happens as a result of an incident in your work environment.

Sokolove Law offers free legal consultations that can help you determine if you have a case for a work injury lawsuit. Call (800) 995-1212 now.

How do you prove an injury at work?

Workers’ compensation is designed to be “no fault,” which means that an employee who suffered an injury at work usually does not need to prove that their injury was a result of doing their job.

However, there are situations when an employer or the employer’s insurance may dispute an injury claim, making evidence essential for proving a workplace injury.

Some of the most vital pieces of evidence an injured employee can gather include:

  • Pictures/videos of the injuries and the scene of the accident
  • Time logs showing the employee’s working hours
  • Accident reports filed after an incident
  • Doctor’s and/or hospital records

Do I get full pay if injured at work?

If you or a loved one sustains an injury or illness at work, you typically won’t receive full pay.

The benefits you may receive for a workplace injury depend on the variables of your case, and payment can differ from one state to another.

How do you report incidents and injuries at work?

To report a workplace injury, alert your employer of the accident and injury. After informing your employer of the injury, ask your employer or doctor (if you are receiving medical treatment) for an Employee Report of Injury Form.

This form can be accessed on the OSHA website and needs to be filled out with the employer’s insurance information in order to start the workers’ compensation process.

Who pays for work-related injuries?

All employers are required by law to purchase insurance to cover workplace injuries and illnesses. Most work-related injuries are covered by the employer’s insurance through workers’ compensation benefits.

If an employee receives additional benefits such as disability, they may be covered by your state.

How long do I have to sue for work-related injuries?

Each state has its own deadlines for reporting an injury to an employer, filing a claim, and filing a lawsuit. If you’ve been injured at work, report the injury immediately and file a claim as soon as possible.

To find how long you have to file a lawsuit in your state, call (800) 995-1212 now. We’re here to assist you 24/7.

  1. Bureau of Labor and Statistics. “News Release.” Retrieved from https://www.bls.gov/news.release/pdf/osh.pdf. Accessed on April 13, 2023.
  2. Centers For Disease Control and Prevention (CDC). “Traumatic Occupational Injuries.” Retrieved from https://www.cdc.gov/niosh/injury/fastfacts.html#:~:text=The%20three%20leading%20causes%20of,and%20trips%20without%20a%20fall. Accessed on April 13, 2023.
  3. Insureon. “What is the workers’ compensation claim process?” Retrieved from https://www.insureon.com/small-business-insurance/workers-compensation/how-to-file-a-claim#:~:text=Once%20the%20claim%20is%20filed,benefits%2C%20it%20will%20be%20denied. Accessed on April 13, 2023.
  4. National Institute of Neurological Disorders and Stroke. “Repetitive Motion Disorders Information Page.” Retrieved from https://www.ninds.nih.gov/Disorders/All-Disorders/Repetitive-Motion-Disorders-Information-Page#:~:text=or%20daily%20activities.-,RMDs%20include%20carpal%20tunnel%20syndrome%2C%20bursitis%2C%20tendonitis%2C%20epicondylitis%2C,incorrect%20posture%2C%20or%20muscle%20fatigue. Accessed on April 13, 2023.
  5. Occupational Safety and Health Administration. “Information For Workers.” Retrieved from https://www.osha.gov/faq#v-nav-infoworkers. Accessed on April 13, 2023.
  6. Occupational Safety and Health Administration. “Commonly Used Statistics.” Retrieved from https://www.osha.gov/data/commonstats#:~:text=OSHA%20is%20Making%20a%20Difference&text=Worker%20injuries%20and%20illnesses%20are,2.8%20per%20100%20in%202019. Accessed on April 13, 2023.
  7. Occupational Safety and Health Administration. “OSHA Injury and Illness Recordkeeping and Reporting Requirements.” Retrieved from https://www.osha.gov/recordkeeping. Accessed on April 13, 2023.
  8. Occupational Safety and Health Administration. “Standards.” Retrieved from https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5. Accessed on April 13, 2023.
  9. Occupational Safety and Health Administration. “Workplace Injury, Illness and Fatality Statistics.” Retrieved from https://www.osha.gov/oshstats/work.html#source. Accessed on April 13, 2023.
  10. United States Department of Labor. “Workers’ Compensation.” Retrieved from https://www.dol.gov/general/topic/workcomp. Accessed on April 13, 2023.
  11. United States Department of Vetran Affairs. “Did You Serve At Qarmat Ali.” Retrieved from https://www.publichealth.va.gov/exposures/publications/oef-oif-ond/post-9-11-vet-fall-2016/qarmat-ali.asp. Accessed on April 13, 2023.
  12. Vine, David. “Where In The World Is The U.S. Military?.” Politico. Retrieved from https://www.politico.com/magazine/story/2015/06/us-military-bases-around-the-world-119321. Accessed on April 13, 2023.