Common questions after a workplace injury

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Common questions after a workplace injury

Common questions after a workplace injury

Every hour, between 600 and 700 employees in the United States suffer injuries at work. From the moments to the days and weeks after, workers may be in pain, confused about what to do, and unsure what their rights are. Fortunately, they don’t have to go through this alone. Commonly-asked questions can help illuminate the process and guide them through the steps they need to take.

What if it was my fault?

Workers compensation attorneys are often asked what happens if an employee is responsible for their own injuries. Mistakes at work can have serious consequences, particularly in industries that involve construction or heavy machinery. The employee may feel they shouldn’t file a workers compensation claim if the accident or injury was partly their own fault, or the supervisor may pressure them to stay quiet.

The fact is: it doesn’t matter who caused the accident. Under workers compensation statutes, an employer is responsible for covering fair medical costs and lost wages after an injury regardless of who is to blame. These laws were put in place to protect workers from being blamed for their own injuries.

Do I need to report the injury?

It is critical to report any workplace injury immediately, no matter how slight. Small injuries may turn out to have serious complications later on, and if an employee delays reporting, he or she may be barred from recovery at all. Reporting the injury right away, and documenting it carefully, can help prevent a workers compensation insurance company from claiming that injuries were independent or pre-existing.

Will I be fired?

The law is clear: an employer cannot terminate an employee for filing a workers compensation claim. An employer is not allowed to retaliate against an injured employee in any way, including reduced pay, lost promotion potential, or workplace harassment. However, an employer may still terminate an employee for misconduct or independent concerns. 

If you believe you’ve been terminated or moved to a lower-paying position in retaliation for filing a workers compensation claim, you should speak to a workers compensation attorney immediately. Your attorney can advise you of your rights and discuss whether bringing an employment lawyer into the case is a good idea.

Can I recover for lost wages?

If you miss work because of an injury on your job site, your employer should still pay you for the time you are away. However, this isn’t free time off. You can only be paid if a medical provider agrees that you cannot work at all, so make sure you follow the recommendations of your workers compensation contact and stay in touch with your attorney.

More commonly, someone who has been injured due to a work accident will be paid for the time they spend away from the job getting medical treatment. If the old employment role requires strenuous physical activity, the employer should provide a reasonable accommodation to allow an injured employee to continue working. The employer should not pay less for this work, even if it is work commonly done by lower-paid employees.

What about my pain and suffering?

Workers compensation laws restrict the type of claim an injured employee can bring. In most cases, an injured worker can only claim payment for lost wages and the actual cost of medical treatment, along with future loss of earnings. Pain and suffering are not typically paid for. However, if a third party (such as an outside vendor or contractor) caused the accident, a separate claim can be made against that entity by a personal injury attorney, like Cohen & Cohen

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"My experience with Cohen & Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back."
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Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.

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