Common workplace accidents include falls, exposure to hazardous substances, struck-by objects, vehicle accidents, acts of violence and equipment-related incidents. After a serious workplace injury, you could benefit from hiring a personal injury lawyer. A workplace injury lawyer could help with all aspects of your workers’ compensation claim and/or personal injury lawsuit.
Filing a Workers’ Compensation Claim
If this is your first work-related injury, you may need a lawyer’s assistance filing a workers’ compensation claim. Unfortunately, an insurance company will not be on your side. Your employer may also try to combat your claim to avoid absorbing liability for your damages. Navigating a workers’ compensation claim could be difficult alone, especially while also dealing with painful personal injuries and medical treatments.
Using an attorney to help with a workers’ compensation claim can ensure you fill out the paperwork fully and correctly the first time. Your lawyer will make sure you meet deadlines and fulfill all claim requirements, expediting payout. From proving your injuries to completing complicated claims processes, an attorney can strengthen your case and improve your odds of successfully securing a settlement. Most personal injury attorneys deduct their fees directly from a settlement won, meaning you will not have to pay for a lawyer’s help out of pocket.
Combatting Insurance Bad Faith or Appealing a Denial
After a workplace injury, you may assume your employer’s workers’ compensation insurance will cover your damages. Many employees discover the hard way, however, that a claim is not always easy to win. Insurance companies often try to avoid paying claimants by unfairly denying claims or delaying settlement checks. In these situations, hiring a personal injury attorney can be the best way to negotiate with insurance companies.
If you believe you have a case of insurance bad faith – an insurer treating your case unfairly or unlawfully – a lawyer can help you file a civil claim against the insurance company. A bad faith claim could result in payment not only for your original damages but also for additional costs and inconveniences related to the insurer’s misconduct. If the insurance company denied your claim in good faith, a lawyer can help you file an appeal. A successful appeal could reverse the insurance company’s decision.
Bringing a Personal Injury Lawsuit
Accidents at work happen more often than most employees in Kansas City realize. In 2017, 5,147 workers lost their lives while on the job throughout the U.S., according to the Bureau of Labor Statistics.
A personal injury lawsuit against your employer may be the best option instead of a workers’ compensation claim if your employer caused or contributed to your injuries. If your employer was responsible for the hazard or defect that caused your accident, a civil claim may result in greater recovery than a workers’ compensation claim in Kansas City. A lawyer will have to prove your employer’s fault for your injuries, however, to secure a settlement or verdict.
A personal injury claim may also be an option if a third party caused your injuries. Even if you already accepted workers’ compensation benefits, your lawyer could bring a third-party claim against someone other than your employer in pursuit of additional damages. A third party could be a product manufacturer, distributor, contractor, subcontractor, landowner, maintenance crew or a driver. An attorney could help you determine whether you have the right to bring a third-party claim after a workplace accident.
If you are eligible for a personal injury lawsuit outside of or in addition to workers’ compensation, a lawyer can be invaluable. An injury attorney will understand how to navigate the civil justice system in a way that optimizes your chances of securing financial compensation. A law firm will have the resources to investigate your workplace accident, name a defendant and fight for fair compensation through all possible outlets. Your lawyer will answer your questions and keep you updated about the status of your claim every step of the way.