Have You been injured at work?
Our Expert Workers Compensation Lawyers Will Advocate For Your Rights.
Picture a Monday morning in a bustling emergency room. An exhausted nurse lifts a critical patient from the gurney to the bed. Suddenly, a jolt of pain sears through her lower back - a herniated disc. Though she manages to get the patient to safety, the damage has already been done. Imagine a different scene - a seasoned construction worker standing on a 25-foot scaffolding. While he’s used to the heights and risks, today is different. As he’s maneuvering a heavy steel beam into place, the poorly-constructed scaffolding wobbles beneath him. It's a fleeting moment of imbalance, but it's enough to send the beam swinging wildly, striking him hard on the side of the head and causing irreversible brain trauma.
A workplace injury takes place roughly every seven seconds in the United States, from ankle sprains and concussions to crushed limbs and TBIs. Even though high-risk occupations - such as construction, manufacturing, and mining - are most commonly associated with severe injuries, the truth is no workplace is immune to accidents. Even mundane office jobs can pose surprising dangers due to loose carpeting, spilled water in the breakroom, and slippery or uneven stairs. Long years of repetitive work tasks can also cause stress fractures and tendonitis, making even the most ordinary activities painful and challenging. Regardless of the nature of your job, it's important to remember that workers comp is not a privilege but a fundamental right. If you are injured on the job, federal and state regulations mandate that your employer use their required workers compensation insurance to cover both the immediate and future expenses of your injuries.
Unfortunately, some workers’ compensation insurance companies may seek to save costs by reducing or denying your compensation claim. That’s where we come in. At Wettermark Keith, our experienced workers compensation lawyers can make the difference between a successful claim and a disappointing outcome. They can provide legal advice, prepare and present your case, negotiate with insurance companies, and advocate for the compensation you need to recover and continue your life.
Understanding Your Rights as a Worker: What is Workers Compensation?
Workers compensation is a form of insurance that provides wage replacement and medical benefits to employees who have been injured on the job. In return, the worker gives up the right to sue their employer for negligence. This system operates on a no-fault basis, meaning you don't need to establish fault to qualify for benefits. Unfortunately, the process of obtaining workers comp is often complex and full of legal hurdles. Workers’ compensation insurance companies aim for profitability - and like most businesses, place their financial interests over yours. There are instances when either or both parties might try to minimize or reject your compensation claim. They might respond to your claim with aggression and intimidation, arguing that it was a pre-existing condition, or that you were not performing a job-related activity.
Our seasoned team of workers' compensation lawyers are well-versed in these tactics. They know how to effectively counter these strategies to ensure your claim is thoroughly reviewed - and fully honored. Your attorney will advocate tirelessly on your behalf to navigate the complex legal framework of workers' compensation, protect your rights, and counter any attempts by insurance companies to reduce or deny your rightful compensation.
Work Injury Statistics: Why Workers Comp Matters
The frequency of workplace accidents is not negligible. Every year, an average of 2.8 out of 100 workers are injured in work accidents – a sobering reminder of the importance of the workers comp system. Despite a 10 million increase in OSHA's (Occupational Safety and Health Administration) budget from 2020 to 2022, these incidents persist, particularly in blue-collar industries. Faulty fall protection, respiratory protection, and ladders are among the top violated OSHA standards. Overall, manufacturing jobs account for 15% of work injuries in America, with construction industries having the highest on-the-job fatality rates.
Common Workplace Injuries
The spectrum of workplace injuries is broad, from fractures caused by falling debris in construction sites to lacerations caused by machines. The majority of nonfatal injuries (84%) resulting in time away from work are due to overexertion, slips, trips, falls, and contact with objects and equipment. Chemical exposure, burn injuries, and equipment-related accidents are also prevalent in many industries. Below are the most common work injuries requiring workers comp:
Cuts, Lacerations, and Punctures - these are common in workplaces that involve the use of sharp objects, machinery, or tools. Cuts are straightforward injuries that involve a break in the skin, while lacerations are deeper, irregular cuts, often caused by blunt force trauma or a tear. Punctures are small holes caused by a long, pointed object.
Fractures and Broken Bones - these can occur due to falls, being struck by an object, or a sudden, forceful impact. The severity of the fracture can vary from a simple break to compound fractures where the bone protrudes through the skin.
Amputations - these are severe injuries that involve the removal of a limb or extremities. In a workplace setting, amputations often result from operating heavy machinery or equipment without appropriate safety measures.
Head Injuries - concussions, contusions, and traumatic brain injuries all result from trauma to the head or skull. They can occur due to falls, being struck by an object, or vehicle accidents.
Respiratory Problems - these can be caused by inhaling harmful substances at work, including dust, chemicals, or smoke, and can lead to conditions like asthma, pneumonia, chronic obstructive pulmonary disease (COPD), and worse.
Workplace Injuries: Long-Term Effects
The repercussions of workplace injuries extend far beyond immediate physical harm. Long-term workplace injuries, often termed as occupational diseases or illnesses, are conditions that develop over time due to repeated exposure to certain risks or unhealthy practices in the workplace. Regular health monitoring can help detect and address some of these potential issues early. Preventing long-term injuries involves identifying and controlling the risks in the workplace, ensuring workers are trained to perform their tasks safely and providing appropriate protective equipment when necessary.
Below are some common examples of long-term workplace injuries:
Respiratory Diseases - prolonged exposure to harmful substances, including dust, asbestos, and chemicals, can lead to a range of long-term respiratory problems. This includes occupational asthma, chronic obstructive pulmonary disease (COPD), and silicosis. Asbestos exposure can lead to mesothelioma, a rare form of cancer.
Cancer - prolonged exposure to certain chemicals and substances can increase the risk of different types of cancer. For example, exposure to benzene can lead to leukemia and non-Hodgkin lymphoma, while exposure to asbestos can cause lung cancer and mesothelioma.
Cardiovascular Disorders - chronic workplace stress or jobs that require high physical exertion can increase the risk of developing heart disease and hypertension.
Occupational Neurological Disorders - chronic exposure to certain substances like lead, pesticides, and certain industrial solvents can lead to neurological disorders in workers, such as neuropathy or Parkinson's disease.
Carpal Tunnel Syndrome - this condition, characterized by numbness, tingling, or weakness in the hand, is common among workers who perform repetitive hand movements, such as typing or assembly line work.
Rehabilitation and Workers Compensation: What's Covered?
The period following a work injury can be a whirlwind of confusion and stress. It's crucial to follow these steps to ensure your well-being and lay the groundwork for a successful workers comp claim:
Medical Care - this includes immediate treatment for workers following an accident, surgery, medication, and ongoing care as necessary.
Physical Therapy - if the injury requires, physical therapy may be covered to help injured workers regain mobility and strength.
Psychological Counseling - in cases where the work injury results in emotional distress or trauma, psychological counseling may be covered if it is recommended by your workers compensation doctor.
Vocational Rehabilitation - if the work injury prevents you from returning to your previous job, vocational rehabilitation services such as retraining, job placement, or job modification may be covered.
Disability Benefits - if your work injury results in temporary or permanent disability that impacts a workers' ability to work, disability benefits may be provided.
It's important to note that the specifics of what's covered can vary significantly depending on your location, your employer's insurance policy, and the nature of your work injury. Your attorney can help you understand what's covered in your specific case.
Filing a Workers Comp Claim: What to Expect
Filing a claim for workers compensation can be complex, filled with legal jargon and strict deadlines. Below is the general process you can expect when filing a workers compensation claim:
It's crucial to inform your employer about the injury as soon as possible. Typically, the responsibility to generate a workers compensation claim lies with the employers, who report it to the insurance company. The time frame to notify your employer varies by state, usually falling within a 30 to 90-day window after the injury takes place. Failure to meet this deadline could lead to your claim being denied. When notifying your employer, it's important to provide detailed information about the incident. This information should include the date, time, location, a description of how the workplace injury occurred, and the nature of your injuries.
After the claim is filed, an insurance claims adjuster will investigate the accident. This investigation may involve reviewing your medical records, work history, and the circumstances of the accident. During the investigation, the adjuster may look at your medical records and work history, including any previous claims, your job duties, and your performance. The adjuster will also thoroughly examine the circumstances of the accident. This could involve reviewing incident reports, security footage, interviewing witnesses, and examining the workplace where the accident happened. Sometimes, employers will hire private investigators to run surveillance on injured employees in an effort to reduce or deny their workers comp claim.
In many workers' compensation cases, you may be required to undergo a medical examination by a doctor chosen by the workers' compensation insurance company. This examination is intended to assess the extent and nature of your injuries, the treatment necessary, and the expected time it would take for you to recover.
It's important to note that this doctor is separate from your own physician and is specifically tasked with providing an independent assessment of your injuries for the insurance company. Their findings will play a crucial role in determining the outcome of your claim.
Following the investigation and medical examination, the insurance company will make a decision about your claim. If they approve the claim, the benefits you’re eligible to receive could include payment of your medical treatment, a portion of your lost wages (if you're unable to work), and potentially disability benefits if your injury results in long-term impairment.
However, if the insurance company decides that your claim does not meet the requirements for workers' compensation, they will deny the claim. They must provide a reason for this denial, such as lack of medical evidence or a determination that the injury did not occur at work.
If your claim is denied, you have the right to appeal the decision. The appeals process usually involves presenting your case before a court, a workers compensation board, or an administrative law judge (depending on the state). At this hearing, you and your attorney can present evidence supporting your claim, including medical records and witness testimony.
This process can be complex, and the requirements and deadlines often vary by state. A knowledgeable attorney can make the difference between a successful and unsuccessful work comp claim - and is absolutely essential in the courtroom. Your attorney can help you understand your rights and decide if a lawsuit is truly your best option. If it is, your attorney will advocate fiercely for your rights until the conclusion of the case.
Our 3-Step Process
Connect With Us:
Call our office at (877) 715-9300 or use our online form to arrange a no-cost, no-obligation consultation with our legal team.
We Assess Your Case
In our initial review, our experienced team will analyze the details of your case and map out potential strategies. If you've experienced an injury due to negligence, we’ll assign one of our expert personal injury attorneys to handle your case.
We Defend Your Rights
As one of the Southeast’s top personal injury firms, Wettermark Keith is fully committed to advocating for your rightful compensation and recovery. If an injury has disrupted your life, let our dedicated attorneys seek justice on your behalf.
Frequently Asked Questions
Injured at work lawyers handle various types of workplace injuries, including fractures, lacerations, head injuries, respiratory issues, repetitive strain injuries, and long-term conditions. They represent workers in cases involving occupational diseases or chronic conditions due to workplace exposures.
While most workers are eligible for compensation following a workplace injury, there are exceptions. Your eligibility may depend on factors such as your employment status and the nature of your work. Consult with a workers compensation attorney for more specific information.
Engaging a workers compensation attorney can ease the complexity of the claims process, help prevent costly mistakes, and enhance your chances of securing full compensation.
Wettermark Keith operates on a contingency fee basis, meaning you will never pay your work comp lawyer by the hour or out of pocket. If your work comp attorney is unable to win your case, you will not be charged. We choose to operate this way for the sole benefit of our clients - we want to see you obtain the compensation you need to continue your life.
Generally, any injury that occurs during the course of employment may qualify a worker for workers compensation. This includes, but is not limited to, injuries from accidents, repetitive strain injuries, and illnesses related to workplace conditions.
A workers compensation lawsuit typically involves multiple stages – from filing a claim to settlement negotiations or a trial. Each stage requires careful preparation and legal expertise to ensure your interests are protected. While the specifics of each case may vary, a typical lawsuit generally follows the following steps:
1. Reporting the Injury
2. Filing a Claim
3. Investigation
4. Claim Approval or Denial
5. Settlement Negotiations
6. Hearing or Trial
7. Appeals
Remember, each stage of a workers' compensation lawsuit demands legal expertise. Having a competent attorney on your side who specializes in work injury compensation claims can make a significant difference in your ability to obtain adequate compensation.
While you can file a claim on your own, having an injured at work lawyer can ensure your rights are protected, especially if your claim is denied or if you face retaliation from your employer.
Why Hire a Workers Comp Attorney?
Hiring a workers compensation attorney to handle your workers comp claim can provide significant advantages. A seasoned attorney offers an in-depth understanding of complex federal and state workers compensation laws - which vary widely - as well as clear, reliable legal guidance and information throughout the process.
One primary function of a workers comp attorney is claim preparation and presentation. The process requires extensive paperwork, from medical records to accident reports. Your injured on the job lawyer will carefully assemble, organize, and present this information to best support your claim. Lawyers also excel in negotiations with insurance companies, which frequently aim to minimize payouts. These corporations employ expert legal teams to avoid providing compensation, and confronting them independently can be daunting. Similarly, in some extreme cases, your employer might threaten termination if you pursue a workers compensation claim or hire a lawyer. In the face of these illegal and intimidating tactics, an attorney can serve as your shield, ensuring your rights are protected and your compensation is secured.
In the event of an initial denial of your claim, your work comp attorney will guide you through the appeals process. They will serve as your representative at all hearings and legal proceedings, presenting your case persuasively to the appeal board or judge. Finally, an experienced lawyer is invaluable to have on your side if you choose to take your employer to court.
Remember, a workers' compensation claim is not just about the immediate aftermath of an injury - it’s about your future. When your long-term health is at stake, an uninformed decision can have profound consequences. If you're facing an unfair denial of your workers comp claim, employer retaliation, or a compensation offer less than you deserve, don't hesitate to contact Wettermark Keith’s workers comp team today at (877) 715-9300 for a free consultation.
Injured? Don't Wait - Contact a Wettermark Keith Workers Comp Attorney Today
Time is crucial in a workers compensation case. If you or a loved one has been injured at work, don't hesitate to reach out to our experienced workers comp lawyers at (877) 715-9300. With Wettermark Keith, your case is in the hands of individuals who value your trust above everything else. We understand that after an accident, financial strain can make an already difficult process all the more challenging. That's why our promise to you is simple: if your attorney fails to secure a victory in your case, you won’t owe us a thing. No hidden fees, no surprise commissions, no expense reimbursements. You will be treated like family because to us, you are.
Wettermark Keith, with offices located throughout Alabama, Tennessee, and Florida, has an excellent reputation as one of the most accomplished personal injury firms in the country. Our reach is not only regional but includes a diverse range of practice areas, including premises liability law, personal injury cases, auto wrecks, trucking wrecks, nursing home abuse, medical malpractice, on-the-job injuries, social security disability, and veterans’ disability claims, to name just a few. At Wettermark Keith, we believe in taking cases personally. Our purpose is to practice with care and compassion- to tell our clients’ stories and make their voices heard. We do this by building strong relationships based on constant communication and an unwavering dedication to truth and trust.
Wettermark Keith was extremely professional and helpful. This personal injury law firm helped my husband over 10 years ago when he fell and broke his foot on vacation. I called them first because I liked their TV commercials. They are very nice people and I would call them again if I needed a lawyer.
- Juanita
Law firm Wettermark Keith has exceeded my expectations! I recommend these lawyers to anyone and everyone I come across. Their commitment to their clients is outstanding. Communication is easy. And I got my settlement very fast. I definitely recommend working with Lee Hawker. He is very gracious and kind. He looked out for me and my family and went above and beyond for us. I’m very grateful!
- Alexa
My personal embattlement with the Social Security Administration went downhill. From a personal recommendation, I reached out to Wettermark Keith law firm. Brian Smith and his team took my case and throughout the whole process, I felt more than just another number. Frequent updates were provided, and emphasis was placed on ensuring all needed documentation was in place. In the end, the accident case resulted in a favorable victory. A big thank you to my lawyer Brian Smith and the team at Wettermark Keith for the hard work throughout the entire personal injury process.
- Dallas
I had the pleasure of working with Mr. Mark English at Wettermark Keith law firm after my car accident in December 2021. He was very thorough in everything, did a wonderful job of explaining everything that was happening, and was super easy to get in touch with when I needed him. I never had a question that was left unanswered by this lawyer. He's very kind and patient, and he made the personal injury claims process so easy for me. I absolutely recommend him, it was a pleasure working with him!
- Rose
I am so elated that I utilized Mr. Muhammad Abdullah’s services. In the beginning, he told me the compensation that I would receive for my personal injury claim and I actually received more than that! After my car wreck (in my brand-new vehicle), I was actually surprised that I was in the pain that I was in. Mr. Abdullah made sure I saw the necessary people for therapy and worked hard to get me back into my car after the accident. I felt that he was diligent, listened to my concerns, and quickly got me back in my car and compensated! I will be utilizing Mr. Abdullah again and again, anytime I ever have to hire a lawyer.
- Madinah
Free Consultation
you won’t pay us anything until we’ve won your case
