Navigating Workplace Injury
By Chad Trammell, Partner at Trammell Piazza Law Firm
Suffering an injury while on the job is a stressful and overwhelming experience. Not only are you dealing with physical pain, but you may also find yourself grappling with uncertainty about your rights and the next steps you should take. At Trammell Piazza Law Firm, we understand the challenges injured workers face, and we’re here to help you navigate the complexities of workplace injury claims.
So, what should you do if you’ve been hurt on the job? Let’s break it down step by step, using the guidance of Chad Trammell, an experienced attorney in workplace injury cases, to ensure you know your rights and actions after an injury.
Report the Injury Immediately
One of the most important things you can do after a workplace injury is report the incident immediately. As Chad Trammell advises, “If you get hurt on the job, and you’re hurt to the point that you need medical treatment and may be unable to work, you need to talk to your supervisor immediately.” Depending on your company’s structure, this conversation may lead to a meeting with someone in Human Resources (HR).
Timely reporting is essential because it establishes a clear record of the injury and ensures your employer is aware of the situation. Delaying this step can create complications, making it harder to prove that your injury occurred at work, affecting your ability to receive benefits and compensation.
Seek Medical Treatment Without Delay
Even if your injury initially seems minor, it’s crucial to seek medical attention immediately. Many workers try to “tough it out” and push through pain, but doing so can lead to further injury. As Trammell explains, “A lot of us are tough, and we kind of want to say, ‘Oh, I’m not hurt, I’m fine.’ The problem with that is, if you keep trying to work when you’re hurt, you’re going to get hurt a lot worse.”
Seeking immediate medical care is important for your health and creates medical documentation of your injury, which will be critical if you pursue a claim later. Don’t risk worsening your injury or undermining your claim—get treatment as soon as possible.
Understand Workers’ Compensation
Workers’ compensation will cover your medical expenses and provide some income when you miss work. However, it’s important to know that workers’ compensation doesn’t offer full wage replacement. In most cases, it only covers a portion of your lost income, which means you may experience a financial shortfall.
Still, as Trammell notes, workers’ compensation ensures you won’t go for weeks or months without any income: “The good news is you won’t be left without a way to live because you will be compensated for your time away.” But remember that it’s not designed to compensate you for lost wages or pain and suffering fully.
Consider a Third-Party Claim
While workers’ compensation may provide some relief, there are situations where you can pursue a claim against a third party for additional compensation. In cases where someone other than your employer—such as a manufacturer or vendor—contributed to your injury, you may be able to file a third-party lawsuit.
For example, Trammell highlights: “You’re working on an assembly line, and there’s a machine that doesn’t have the proper safety devices. Your arm gets pulled in, and you lose an arm. In that case, you’d have a strong case against the machine’s manufacturer.”
Another example: “You’re walking through your plant, and a five-pound piece of metal flies through the air and hits you in the head, causing a severe brain injury. If that metal came from a machine without proper safety guards, you’d have a case against the manufacturer of that machine.”
Third-party claims allow you to pursue compensation beyond what workers’ compensation offers. These claims can seek damages for pain and suffering, loss of future earnings, and other expenses that workers’ compensation may not fully cover.
Why You Should Consult a Lawyer
Workplace injury claims, especially those involving third-party lawsuits, can be complicated. Consulting an experienced workplace injury attorney can help ensure that you fully understand your options and pursue all available avenues for compensation.
“Workers’ compensation is not going to be a significant recovery in most states. It will pay your medical bills and some time off, but it won’t fully compensate you,” says Trammell. This is why having a lawyer is crucial. An attorney can evaluate your situation and determine if you have a claim against a third party that could result in more substantial compensation.
Even if you’re unsure whether you need legal assistance, consulting with a lawyer is always a wise step. “If your case isn’t one that warrants a lawyer, a good lawyer will tell you that you’re okay and don’t need legal help,” Trammell notes. However, in situations with a valid third-party claim, an attorney can help recover damages that fully compensate you for your injuries.
If you’ve been injured at work, don’t hesitate to take action. Start by reporting your injury, seeking medical care, and exploring your workers’ compensation benefits. But don’t stop there—reach out to a workplace injury attorney who can help determine if you have a third-party claim that could maximize your compensation.
At Trammell Piazza Law Firm, we have extensive experience handling workplace injury cases and helping injured workers get the justice and compensation they deserve. Contact us today for a consultation and learn how we can assist you in navigating the complexities of your claim.