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Injuries can occur in any workplace, from construction to office work. If you’re injured on the clock, you may be able to claim workers’ compensation benefits depending on specific qualifying factors like how large the company you work for is.

If you or someone you love has been injured in the workplace, it’s time to seek proper compensation. Whether your injuries are minor or severe, Keller, Melchiorre, and Walsh are here to help you get back on your feet.

Boca Raton Workers Compensation Lawyers - KMW

What is Workers’ Compensation?

Workers’ compensation is a program designed to help employees receive compensation when they are injured at work. The workers’ compensation program operates on a no-fault basis, so employees can receive compensation even if they’re injured due to their own fault. However, there are factors that determine whether or not someone can receive compensation or not. For example, the company has to have enough employees to offer the program. Freelance workers, contractors, or those who work for small businesses (four or fewer employees) won’t have access.

Qualifying Factors:

  • You were injured while performing your job duties.
  • You reported your accident to your workplace within 30 days of the injury or discovery of the injury.
  • You weren’t under the influence of drugs or alcohol when the injury occurred.
  • You weren’t involved in a criminal act when the injury occurred.
  • The injury wasn’t intentional.

Once you’ve determined that you qualify for workers’ compensation (generally after a conversation with your supervisor), you’ll need to fill out an incident report. That report will be forwarded to the insurance company, and your claim will be reviewed by them.

Unfortunately, insurance companies will try and lowball you any chance they get, paying out as little as possible or denying your claim altogether whenever they see fit. For this reason, it’s important to hire a workers’ compensation attorney. We can help you get full and fair compensation, and we will negotiate with the insurance company on your behalf.

Most Dangerous Workplaces

In total, there were 2.6 million injuries and illnesses in private industry workplaces in 2021 and 5,190 fatal work-related injuries in the same year. 2.6 million is a large number compared to the amount in the workforce. It’s about 3.5%. 3 out of every 100 workers suffered a workplace injury in 2021. It can happen to anyone. However, some workplaces are more dangerous than others.

The most dangerous workplaces are often those that involve manual labor or heavy machinery, like construction, logging, roofing, and waste collection. However, some dangerous professions might surprise you. For example, aircraft pilots and flight engineers round out the top five, with 34.3 fatal injuries per 100,000 workers. Delivery and truck drivers fall toward the end of the list, with 25.8 fatal injuries per 100,000 workers.

However, even workplaces that aren’t deemed as “dangerous” in the eyes of the world can still be the cause of injuries. They may not be fatal injuries, but they’re injuries nonetheless. For example, office workers, baristas, restaurant workers, and grocery store clerks may experience soft tissue injuries because of repetitive motion. While they may not seem severe at first, repetitive motion injuries can cause long-term complications like chronic pain.

Common Causes and Types of Workplace Injuries

Workplace injuries can range drastically from repetitive motion injuries to traumatic brain injuries, depending on where you work and what tasks you’re expected to engage in on a day-to-day basis. They can be caused by falls, fires, and so much more. The most common causes of workplace injuries include:

As a result of these workplace hazards, employees can experience a large range of different types of injuries, including:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Neck and back injuries
  • Amputation
  • Soft tissue damage
  • Breaks and fractures
  • Burns

In some cases, a workplace injury may also cause death. In the case of death, a loved one may be able to claim workers’ compensation benefits on behalf of their family member.

Stages in a Workers’ Compensation Case

For those who haven’t had to use workers’ compensation before, the process may seem confusing. However, by working with a talented attorney like those at KMW, you won’t have to stress about the process. Here’s every step from injury to appeal.

  1. Injury or illness. This could be a one-time accident or an injury/illness that has built up over a longer period of time.
  2. Notice. After the injury has occurred, you must let your employer know. Make sure this notice is in writing so it cannot be disputed.
  3. Medical treatment. It’s important to seek immediate medical treatment after your injury or after you notice an injury.
  4. Hire an attorney. By hiring an attorney, you won’t have to go through the stressful process on your own. If your injury is serious, permanent, or resulted in high medical debt, this step shouldn’t be skipped.
  5. Payment for time off. If you are required to miss work as a result of your injury, you should receive immediate compensation for a portion of your missed work.
  6. Further medical examination. The workplace’s insurance company may send you to a specific facility where their approved doctors can examine you further.
  7. Disputes. Your attorney may request a hearing or trial if the insurance company doesn’t offer enough compensation.
  8. End of medical treatment. Your doctor determines that you no longer need to receive medical treatment. If your injuries are severe, you may not reach this step. Instead, your doctor will provide a letter that showcases your lifelong treatment plan and the costs you can expect.
  9. Negotiation. In the case mentioned above, your attorney may negotiate a settlement based on the future medical treatment required.
  10. Appeal. If your case is denied, you may appeal it. The insurance company may also appeal the final decision, but this is less common.

Contact KMW to Schedule a Free Case Evaluation

If you or someone you love has been injured as a result of a workplace injury or illness, please reach out to our talented team of attorneys as soon as possible. To schedule a free case evaluation, contact us at (561) 295-5825 or online.