The promise of a safe workplace is largely an unrealized one with hundreds of thousands, if not millions, of Americans annually suffering significant injuries at work due to dangerous machinery, unsafe work surroundings and environments, and careless co-workers. The causes of injury are as vast as ones imagination–from slips and falls to missing safety features on manufacturing equipment to collapsing construction sites. In some cases, where the sole cause of the accident is a negligent fellow employee of the same employer, or the employer itself, the only recourse may be workers’ compensation which covers related medical expenses and a portion of lost wages and, if applicable, a death benefit. However, in many cases, where the cause is a “third party,”a liability claim exists in addition to workers’ compensation benefits.
It is important to collect information as promptly as possible. If, for instance, the culprit is a sophisticated piece of machinery, it is important to identify the manufacturer and model number. If an overly waxed floor is the cause, it is necessary to determine the responsible party–a fellow employee or a retained maintenance or janitorial service. At times the employer will be cooperative, especially since it is its insurance paying workers’ compensation, but often it will not–perhaps wanting to protect a relationship with a contractor. Gathering information promptly is an important key to a successful claim.
Depending upon the cause of injury, these cases are very often dependent on credible experts analyzing the defect causing the accident, and often suggesting alternative design or methods which would have likely avoided the calamity. We have worked with various experts over the years whose involvement has been crucial in pursuit of successful results.
We handle cases involving workplace injury and partner with other lawyers in workmen’s compensation claims seeking benefits from your employer.