Accidents happen every day at workplaces and jobsites across the U.S. Some workplace accidents occur because of the dangers and hazards of certain professions. Other accidents are caused by someone else’s negligence, recklessness, or other wrongful conduct.
If your work injury was caused by the wrongful acts of another party, you may be entitled to file a lawsuit against that party for your injuries. That lawsuit could compensate you for your damages, including medical treatment, lost income, and pain and suffering.
Pursuing a lawsuit for workplace injuries can be a factually and legally complex undertaking. You need experienced legal representation on your side. That legal help will ensure that you receive the maximum compensation that you are entitled to under the law.
Have you or a loved one suffered a work injury? Schedule a consultation today with the Law Office of Andrew S. Martin, LLC. You’ll learn more about your rights and options to file a claim for your workplace injuries.
When Can You Sue for a Work Injury?
Many workplace injuries are covered by the state workers’ compensation system. Workers’ compensation provides certain benefits. Those benefits include:
Medical treatment for your work injury
Partial wage replacement
Disability payments if you cannot return to work
A worker who was injured at work in a motor vehicle accident caused by another negligent driver can file a lawsuit against that driver
A construction worker who is injured by a defective tool or piece of equipment may file a products liability claim against the manufacturer or retailer of the tool or equipment.
In some cases, an employee who is injured on the job may be entitled to file a lawsuit for compensation. An injured worker can file a personal injury lawsuit when his or her injuries were caused by the negligence, recklessness, or wrongful acts or omissions of a third party. Consider these examples:
Workers’ compensation laws typically prevent an employee from filing a personal injury lawsuit against his or her employer for a work-related injury. However, an injured worker may be entitled to sue a co-employee when the work-related injury was caused by the independent acts of the co-employee.
How a St. Charles Work Injury Attorney Can Help You
After you’ve suffered a work injury, you may not know how to obtain the compensation that you are entitled to under the law. A St. Charles work injury attorney can help you after a work accident. An attorney can:
Investigate your accident and secure evidence for a work injury lawsuit. The evidence might include accident reports, accident scene photos and eyewitness statements
Identify the at-fault parties in a workplace injury lawsuit
Document your damages by collecting copies of your medical bills and invoices for other out-of-pocket expenses incurred due to your injuries
Calculate your lost income or earning capacity
Help you build a persuasive case on non-economic damages, including pain and suffering or lost quality of life
Negotiate with the insurance companies to obtain full and fair compensation for all your damages
Prepare your case for trial, if necessary, and vigorously advocate in court for a verdict in your favor
Demanding Full Compensation in a Work Injury Lawsuit
If you are able to file a lawsuit for your work injury, you may be entitled to a full array of compensation for your injuries and damages. In a work injury lawsuit, you may receive compensation for these damages:
Past and future medical expenses, including hospital bills, doctor’s office visits, physical therapy, prescription medication, or mobility assistance equipment
Lost wages for time missed from work while you recover from your injury
Lost earning capacity when your injuries prevent a return to your pre-injury job and you lose income as a result
Pain and suffering, or the physical and emotional distress caused by your injuries.
Lost quality of life
In addition, your spouse may be entitled to file a claim for loss of consortium, or the loss of your companionship and society as a spouse.
Time Limit for Filing a Work Injury Claim
If you believe you may have a claim for a work injury, you have a limited period of time under Missouri law in which to file your lawsuit. This time period is called the statute of limitations. In Missouri, the statute of limitations for a personal injury lawsuit is five years from the date of your injury.
The limitations period can be paused or “tolled” under certain circumstances. For example, if you are legally incapacitated, the statute of limitations is tolled during the period of your incapacity.
If you fail to file your lawsuit before the statute of limitations expires, the court can permanently dismiss your lawsuit. That means you might lose the right to seek compensation in a personal injury lawsuit.
What to Do If You Were Hurt on the Job
If you have been injured on the job, take these steps to ensure that you can bring a work injury lawsuit:
Report your accident. You should promptly report your accident and injuries. If you were injured at work, you should report the accident to your employer. If you were injured in a motor vehicle accident, you should call 911 or local police to report your accident. Promptly reporting your accident will strengthen your claims in your lawsuit. When reporting your accident, stick to the facts of the accident and avoid apologizing or assigning blame; those kinds of statements might be later used to argue that you were at fault for your injuries.
Document the accident scene. Get the names and contact information for all persons who may have been at fault for your accident and injuries. If possible, photograph or video the accident scene, which may later help you develop an accident reconstruction.
Seek prompt medical treatment. Even if you don’t feel as though you were severely injured, follow up with a doctor as soon as possible after your accident. A healthcare professional may identify injuries that were caused by your accident. Be sure to follow your medical provider’s treatment instructions and recommendations. If you fail to do that, the other party may argue that you were not as seriously injured as you claim.
Speak with a work injury attorney. Filing a lawsuit for a work-related injury can be a complicated matter. Consult with an experienced work injury lawyer who can help you understand your rights and options. An attorney can also explore a lawsuit to recover full compensation for your work injury.
Types of Work Injury Cases We Handle
Certain workplaces and types of jobs are more dangerous than others. But every workplace can pose a risk of injury to employees. At the Law Office of Andrew S. Martin, LLC, our St. Charles work injury attorney can help after these workplace events:
Motor vehicle accidents while on the job
Accidents while working as a delivery driver
Factory and warehouse accidents
Accidents caused by dangerous equipment and machinery
Slip-and-fall and trip-and-fall accidents
Repetitive motion injuries
Accidents caused by falling objects
Falls from heights
Occupational illnesses or diseases
When your workplace injuries were caused by someone else’s carelessness or recklessness, our firm can help you fight for the compensation you deserve.
Hurt at Work? Talk to a Missouri Work Injury Lawyer Now
If you or a loved one suffered a workplace injury because of someone’s negligence or recklessness, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. Pursuing compensation for work injuries involves a complex web of personal injury and workers’ compensation laws. If you are seeking compensation from those responsible for your injuries, you don’t have to go it alone.
Schedule a consultation today with a Missouri work injury lawyer at the Law Office of Andrew S. Martin, LLC. We can discuss the details of your case. You’ll learn more about your rights and options for pursuing a work injury claim and lawsuit.