On-the-job accidents and personal injuries can leave employees with major injuries and even wrongful death. While not all that common, workplace injuries do happen and can impact the injured worker’s personal and professional life, such as lost wages and the inability to take care of their family. Worker injuries can happen in a variety of fields, with the most common being employees who work with machinery and other large and dangerous equipment.
There are a variety of types of compensation you seek if you’ve been injured in the workplace. These include medical benefits and coverage, lost wages and monetary compensation as needed, and death benefits if the injury was fatal.
The first thing you would do is file a workers’ compensation claim with your employer. You will likely have 30 days from the date of the incident to do so; if you do not file within this time period, you may lose your opportunity to seek compensation.
Compensation programs are overseen and enacted by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) (in the case of a federal worker being injured) as well as your employer’s insurance company. Workers’ compensation is based on a no-fault system, which means that injured workers receive benefits due to failure on behalf of their employers. Employees are not required to prove negligence and the employer or company cannot find the employee negligent. This is especially important to know in the event that you must take your workers’ compensation case to court.
However, filing a workers’ comp claim with your employee is rarely a cut-and-dry process. Hiring an MN workers’ compensation lawyer is the best way to ensure that you receive the benefits and compensation you deserve and that your legal rights are upheld. Florin|Roebig has years of experience working in workers’ compensation law and providing legal representation and would love to represent you throughout your case.
What Type Of Benefits Can You Receive From A Workers’ Comp Claim?
In the state of Minnesota, there are three primary benefits provided by workers’ compensation. These benefits include:
Temporary total disability: This type of benefit is when the injured employee is given money during the period that they aren’t able to work due to the work-related injury. This benefit is typically two-thirds of the worker’s original pay. There is a maximum of 130 weeks that the insurance company will pay temporary total disability benefits.
Temporary partial disability: A temporary partial disability (TPD) is when employees return to work but are unable to earn as much as they once did before their injury. This benefit provides any wage losses as a result.
Permanent total disability (PTD): This type of benefit is given to workers who are unable to ever work again due to their workplace accident. They will receive two-thirds of their original pay, with a minimum of no less than 65% of what the employee was making at the time of the injury. Examples of injuries that would qualify for PTD include loss of a shoulder or both arms, loss of both legs, paralysis, and permanent loss of mental faculties.
Permanent partial disability (PPD): This benefit is payable to injured workers for the personal functional loss of the ability to use the body.
Dependency disability: If the employee is killed as a result of the accident, the employee’s dependents may be able to claim benefits, including PDD.
Common Reasons Why Accidents Happen In The Workplace In Rochester
There are several different reasons why a worker would get injured in the workplace. Some of the most frequently seen causes of accidents and injuries at work include:
- Slips
- Trips
- Falls
- Falling from a high area
- Getting injured while working with machinery
- Improper training
- Not wearing personal protective gear to prevent injuries
- Acts of violence, such as another employee starting a fight
- Injuries that result from the use of dangerous tools
- Repetitive stress injuries such as shoulder and back issues that are regularly aggravated at work
- Accidents while driving a company vehicle such as a semi-truck accident
- Material, tool, or machinery malfunctions
- Not keeping up with machinery maintenance
All of these situations can result in injured people in the workplace. And, most incidents are eligible for a personal injury case given that the event was unpreventable or not directly caused by the employee. If you’re unsure of whether your on-the-job personal injury is cause for a workers’ comp claim, consider working with an experienced attorney whose practice areas include workers’ compensation. The attorney can help you decide whether you should file a claim as well as the steps to take following the incident.
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Types Of Injuries A Worker Can Sustain On The Job
The injuries a person sustains while in the workplace will largely depend on what the worker was doing at the time of the accident and what material or machinery was being used. The following are examples of injuries that can occur at work:
- Broken bones
- Back injuries
- Head injuries
- Neck injuries
- Loss of limbs
- Loss of fingers or toes
- Contusions
- Knee injuries
- Torn or burned skin
- Concussions
- Herniated spinal discs
- Wrongful death
If you or a loved one has experienced these injuries as a result of an on-the-job accident, reach out to a Minnesota lawyer today, such as those at Florin|Roebig, to ensure you receive the benefits you deserve.
How To Avoid Getting Hurt At Work
Employers are responsible for implementing safety measures for employees, which should include proper training. However, this isn’t always the case and can result in injuries. In addition to proper training, other ways you can avoid getting hurt at work include:
- Taking extra safety precautions whenever working with heavy machinery or materials
- Wearing appropriate personal protective equipment (PPE) when working in dangerous or toxic situations
- Ensure the machinery you are working with has been well-maintained and there are no issues
- Requesting that worker alarms be installed so that workers can easily notify someone that they have been injured
- Requesting regular risk assessments
- Wearing a personal safety device at all times — this should be provided to you by your company
The more precautions you take, the less likely you are to get injured on the job. While some accidents are inevitable, others are preventable given to right precautions.
How A Florin|Roebig Workers’ Compensation Attorney Can Help
Work injuries can result in costly medical expenses, health care needs, ongoing medical care, and the loss of the ability to take care of your family. While personal injuries incurred not on the job are most often taken care of by your own insurance company, on-the-job injuries typically go through your employer’s insurance company. Having the right lawyer on your side who specializes in the workers’ compensation area of law can significantly increase your chances of fair compensation and benefits.
Contact Florin|Roebig today to see how we can help by calling or chatting with us online for a free initial consultation.
