Workers Comp Archives - Page 3 of 3 - DeSalvo Injury Lawyers
__CONFIG_widget_menu__{"menu_id":"9","uuid":"m-16abef3c6f9","dir":"tve_horizontal","dropdown_icon":"style_1","mobile_icon":"style_1","template":-1,"template_name":"Basic","icon":{"top":"","sub":""},"top_cls":{}}__CONFIG_widget_menu__

Archive

Category Archives for "Workers Comp"

What to Do Immediately After a Work Injury

What to Do Immediately After a Work Injury

It's scary to find yourself with a workplace injury. Especially if you're not sure what you need to do next.

You're not alone - over 2 million people had workplace injuries in 2016.

Don't get confused, and don't waste time fumbling with what to do. Here are the first steps you should be taking after an injury at work to make sure things work out in your favor.

First Steps after a Work Injury

First things first. You've been injured. What do you do now?

First steps are more obvious than you think. At the top of the list: get medical treatment, and report it to your supervisor.

Medical Treatment

No two ways about it. If you're hurt, get the right medical treatment.

Whether you need to see your company's doctor gets a little messier depending on who you work for and where.

If you're a federal employee, you're covered under the Federal Employees' Compensation Act (FECA). Under FECA, you can choose any qualified doctor to treat you, with some restrictions on chiropractors.

If you're not a federal employee, state laws apply, and those vary by state. In some states, you can see a doctor of your choice if you make a written request to do so before the work injury occurs. Usually, though, employees are referred to a doctor paid by their employer.

That doctor's report will have a major impact on the benefits you receive - and keep in mind that a company doctor is paid by your employer, and is more likely to minimize an injury.

Report the Work Injury to Your Supervisor

Next step: notify your employer as soon as the incident occurs.

You can't skip this step, just like you can't skip going to the doctor. If you don't do both of these things within the first thirty days of a work injury, you may lose your right to workers' compensation benefits.

What Happens Now?

You've been to the doctor, and you've reported the incident to your supervisor.

What happens now?

This is when the legal side of things starts to come into play. Once you've taken the necessary first steps, you need to file a report, get familiar with your workers' compensation laws and have a lawyer look at your case.

Let's break it down.

File an Incident Report

Before you get overexcited, let's be crystal clear here: filing an incident report for a work injury isn't the same thing as filing a lawsuit against your employer.

Actually, it's pretty similar to filing any other claim with your insurance company.

This is why the first step in this process is to notify your employer. Regardless of how your employer learns of the incident, they're obligated to offer you a claim form immediately.

And unless that form is completed, they're under no obligation whatsoever to offer you benefits.

This shouldn't be a difficult process - in most states, employers, hospitals and doctors' offices are required to keep these forms on hand to get the process started.

If they don't have the forms, you need to get in touch with your state's Workers' Compensation Office. You can find yours here.

Check Your Workers Comp Laws

Step two? Get mighty familiar with your workers' comp laws.

Barring a few exceptions, employers are legally obligated to acquire workers' compensation insurance. Essentially, under workers' compensation laws, employees can't sue their employers for a work injury, but they also don't have to prove their employer's negligence caused the injury.

In fact, you can even be covered if your negligence caused the injury. With a few exceptions of course, like intoxication or the use of illegal drugs at the time of the incident.

If your employer claims not to have this insurance, you should definitely get in touch with a lawyer, because that means you can sue.

Find a Personal Injury Lawyer

The next obvious step? Hire a lawyer, whether your employer has workers' comp insurance or not.

Regardless of your relationship with your employer, the truth is, cases like this can get exhausting, confusing and frustrating. It helps to have someone in your corner who knows the law and knows how to advocate on your behalf to make sure you get the benefits you're entitled to.

Or, if you're just not sure what direction to go after getting injured, getting an informed second opinion is always helpful.

Here are our top tips for hiring a personal injury lawyer.

During and After the Legal Process

If you've made it this far, take a deep breath. Get settled. And keep your cool.

You should be following your doctor's instructions to make a full recovery, getting a second opinion if you need one, attend hearings as you're required to do so, and getting back to work as soon as you can.

Give Your Lawyer all the Details

Throughout the entire process, remember: your lawyer can't help you if they don't have the complete story.

They're the informed third party and it's their job to give you informed legal advice on how to proceed. If you leave things out, they're not operating on the whole picture, which makes it hard to give accurate advice.

If You're Unhappy with How the Claim is Resolved

As usual, it varies based on whether you're a federal or non-federal employee.

If you're a federal employee and you disagree with the handling of a claim, you can request an oral hearing or a review of the written record from the Branch of Hearings and Review.

If you're not a federal employee, state laws take effect here. Ask your lawyer how best to proceed, but most state laws follow a similar appeals process.

Find the Personal Injury Lawyer for You

You need a good personal injury lawyer. You came to the right place.

For a one-stop shop for all the resources you need on personal injury, click here.

For answers to some of your most common questions, click here.

If you need a free case evaluation, we've got your back. Head to our contact page to get started.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

What to Do About Back Pain After a Work Accident

What to Do About Back Pain After a Work Accident

We're only human.

Our bodies are fragile, and we're not infallible. More often than not, many of us are working ourselves to injury while we're struggling with the pressures of work.

And with over one million back injuries happening every year at work, a lot of the damage we're doing is to our backs.

Back pain after an accident doesn't always occur straight away, either. You might suddenly lift a box that's too heavy and strain it, or you might build up an injury slowly until eventually, your back gives way.

So if you've been left with crippling back pain after an accident, you might be wondering what to do next.

Well, don't worry. We'll talk you through the steps you should take if you've been injured at work, and how to get workers' compensation to help pay for your recovery, so keep reading.

Don't Ignore Back Pain After an Accident & Seek Medical Advice

We rely on our backs. It supports our head, allows us to twist our body around, and helps support our nervous system. It's the most important tool we have to keep our bodies moving.

If it's damaged in some way, you might find it difficult to follow your usual daily routine. The smallest movements you make might be pure agony when there's a problem.

If you find yourself injured, don't delay seeking proper medical advice.

You want to make sure you get the medical attention you need to recover correctly. If you ignore the problem, you might find that the damage becomes more serious and long-lasting.

Acute pain, pain that recovers over a few weeks, might suddenly become chronic. Do you want to suffer from pain that could last a lifetime?

With medical attention, you can receive the proper advice on how to manage the problem. You'll have to rest your back for a suitable period of time.

Don't strain yourself unnecessarily. A back injury is likely to require time off work, so don't feel forced to return if you can't do the job correctly. You don't want to rush back and cause more damage!

Take the Proper Recovery Steps

Once you've sought medical advice, you'll be advised of the proper recovery steps to take.

Mild injuries can recover in their own time without medication. Hot and cold compresses on problematic areas can help to ease the intensity of the pain.

You may need to take medication, however. Mild pain relief, such as ibuprofen, can be acquired over the counter, but you may need to take stronger, prescribed medication if that doesn't have the desired effect.

Medication only masks the pain, however. To properly heal, you may need to consider chiropractic therapy to help. 22 million Americans use a chiropractor every year to help resolve back injury, and this can usually be paid for by your workers' compensation benefits (which we'll discuss further below).

If the injury is significant, you may also have to consider surgery to repair the damage, and this could have an impact on your timescale for returning to work.

This may all be a moot point, however, if your injury is so severe that you can't go back to work. A physician will diagnose the severity of your injury as either temporary partial, permanent partial, or permanent total disability.

If you're diagnosed as having a temporary partial disability, you can return work after a suitable recovery to your existing job. Permanent partial disability, however, will require you to return to work under a different role.

A serious back injury might mean a move into a role that doesn't require heavy lifting, for instance. If the injury is so severe that you can't return to work, you'll be diagnosed with a permanent total disability, which means you can no longer work.

File a Workers' Compensation Claim

As soon as you're injured, you should file a claim for workers' compensation. This will depend on your state (in Illinois, for instance, you have 45 days to file a claim following an injury).

If you can't work because of back pain after an accident, you don't have an income. You'll also need finance to pay for your medical bills, or for help adjusting to permanent injuries that stop you from working.

By claiming workers' comp, you'll receive payouts to help fund for all of these costs, from medical bills to a percentage of your lost wages. The process is pretty simple, too (but will, again, vary depending on your state).

When you file for compensation, you will need to tell your supervisor the injury, the date and time it occurred, and how it happened.

If you're in Illinois, the Workers' Compensation Act means that you can choose your own doctor to treat you, but your employer can request that their own medical professional can examine your health, to judge your injuries for themselves.

Your choice of physician is important. They need to be on your side, so make sure you do your research and, in most cases, it's better to choose someone that your employer doesn't suggest.

A company doctor, for instance, might want you to go back to work earlier than you're ready for.

Be aware that if you also decide that your employer was at fault and want to sue them for damages, in most cases you will waive your right to workers' compensation. That means your healthcare costs and any lost wages will be lost, and if you lose your legal case, you will have to pay for these yourself.

Do You Need Legal Advice?

Don't delay either your recovery or your claim for compensation if you're suffering back pain after an accident at work.

Back pain after an accident or injury shouldn't stop you from having the quality of life that you deserve, so make sure that you take the proper steps to get back to where you were.

This means getting yourself proper medical treatment, documenting everything, and make sure you take the steps needed to recover. Remember, if you're taking workers' comp to cover your costs, in most cases, you can't sue your employer for damages.

If you or someone you care about has suffered a back injury at work and you're struggling to know what to do, contact us and see if we can't provide you with the necessary legal advice to help.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

How Soon Should You Work After Being Hurt on the Job?

How Soon Should You Work After Being Hurt on the Job?

Employees hurt on the job will file for workers' compensation. Those able to return to work within a few days receive medical-only claims. Employees out of the job for a long period will see wage support if an injury was filed appropriately.

However...

Bills continue to arrive and many feel "stir crazy" from their work absence. Your doctor may have cleared your return to work but are you ready? Will your claim continue if you reenter the workforce?

This question and more are answered in this post.

Understanding Your Workers' Compensation Benefits

Workers' comp is not a catch-all for time off after being hurt on the job.

There are several forms of benefits. Each dictates how you will mitigate loss required by the state. Knowing your benefits will help you understand when to return without disrupting compensation.

Workers' Comp Benefits

The benefits include:

  • Medical
  • Disability
  • Vocational

All verified claims of workers' compensation will pay medical. This includes doctor visits and prescriptions. The allotted time is generally dictated by company policy. Though, the injured may continue treatment outside the network if medical needs continue.

Injuries go two ways:

  • Temporary
  • Permanent

Temporary injuries (including mental distress in some states) offers wage support. The support extends throughout the recovery period if workers actively attempt recovery.

Permanent injuries (e.x. loss of a limb) pays medical and wage during the recovery period. The compensation may account for future wages if the injury is severe. Often, it's provided if the injury prevents workers from returning to their job.

Lastly, those hurt on the job and unable to return may need to seek a new line of work. Partial compensation is paid while the worker finds new employment.

Temporary Partial vs Total

Wage compensation falls into two categories:

  • Partial
  • Total

Partial wage compensation is paid for employees able to handle a limited workload. Whereas 'temporary total' pays if an employee is unable to do their work in any capacity.

How this Affects Your Return to Work

Unfortunate as it sounds, employer fraud does happen.

The fraud involves trying to deny claims or expedite recovery time to avoid wage support. Returning too quickly could cause an injury relapse because you weren't fully healed.

Knowing medical and/or financial support after injury will maximize your recovery time. This is why you should always get the go-ahead from doctors before returning... not a nudge from HR or the boss.

Returning to Work while Protecting Your Rights

Just because your doctor gave you the go-ahead to return doesn't mean you should jump right back into your previous activities. In fact, the old routine could stop compensation benefits without your knowledge.

Here are the best ways to return (while protecting your rights).

Talk with Your Doctor

Clarify the doctors' note by talking with them:

  • Explain your duties and requirements
  • Ask their recommendations for restrictions

The doctor will clear your return with a Notice of Ability to Return to Work. This note details your abilities and restrictions. Talk to a lawyer if you feel this clearance is a mistake and you cannot return within the timeframe.

Contact Work and the Department of Labor

Employers aren't obligated to keep the position open while you're away. Most do but it can happen.

Keep an open line of communication between you and work. This ensures your position is there for when you return.

Else, contact the Department of Labor to verify or claim disputes. Benefits will continue if you experience time loss from the workplace injury. This includes medical pay for doctors visits.

Confirm with Human Resources

If your pay is lower than your original because of your injury, then you are entitled to compensation. The compensation pays the difference. This continues until you are able-bodied to complete your previous routine.

HR should provide a detailed run-down of your expected duties and compensation. Make sure to get this in writing.

Know What You're Signing

Some businesses and insurance companies will try to pull a fast one. They will rush you through paperwork. Unbeknownst to you is how you're potentially signing away your compensation and rights.

Understand what your accident lawyer can and cannot do. Have them present if you're requested to sign papers. Else, take a copy (without signing) and forward the material for their review.

How do You Feel?

Ask yourself if you're ready to return to work.

Are you:

  • Mentally prepared?
  • Physically able?

Many accidents cause delayed onset pain. This is the pain you may not feel until well after the injury. Delayed pain includes emotional and PTSD, too. Talk with your doctor and lawyer if pain surfaces after you've been cleared.

Mitigate Damages

You are expected to make real attempts at recovery. This includes rehabilitation or reasonable surgeries recommended by doctors. Declining these, or failing to seek medical attention, can significantly reduce your compensation.

Other activities damaging to claims include:

  • Using alternative (non-verified) medical treatments
  • Failing to seek employment
  • Going against doctor's wishes and advice

An easy way to avoid all this is looking at what scammers do... and don't do it.

Mitigating damages will continue your coverage after being hurt on the job. It shows you're active with recovery and intend to return to expected demands.

How Soon Should You Work After Getting Hurt on the Job?

It's a complicated answer if you're involved with a complicated injury. Some bounce back within days. Others? The debilitation may have been enough to go beyond physical harm. The injury could cause a mental breakdown needing months to recover.

The best answer is to talk with a workers' compensation lawyer.

The law office of Scott D. DeSalvo will fight for your compensation rights.

We will ensure you receive 2/3rds of your salary while off work. And, confirm all doctors bills are paid. We do the heavy lifting with making sure your recovery and full benefits are available. We will also provide guidance for your reentry into the workplace to protect your rights in full.

Don't go at it alone. Don't put up with their resistance. Call us today, 888-HURT-318, or send us a message. We're here, on your side.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down    See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

What Your Work Accident Lawyer Needs to Make a Great Case

What Your Work Accident Lawyer Needs to Make a Great Case

You've been injured at work, and now you're considering looking for a work accident lawyer. Chances are, you're nervous, or upset, and more than a little confused by the whole process.

Over 2 million people were injured in workplace accidents in 2016. So however lonely it might feel right now, you're not the only one in a tough spot.

The whole process is made easier if you provide your lawyer with the right information and follow the right steps before you get to them. Here's what you should be doing to give your lawyer the best chance of helping you.

How a Work Accident Lawyer Makes Your Case

Before we pass Go, it's important to cover the question you're probably asking yourself: do you really need a work accident lawyer?

Yes. Yes, you really do.

Personal injury lawyers (who work on work accident cases) does more than represent you against your employer. They're your representative in all aspects of your case, even correspondence with insurance companies, to make sure you get the compensation you deserve.

This is important even if you think your injury isn't that major.

And if you're not sure what number you should be aiming for, try this post to figure out how to estimate a settlement value.

While Waiting to Talk to Your Lawyer

You shouldn't be passing "Go."

Seriously though: there are certain things you need to be doing before you ever sit down and talk to a work injury lawyer to make sure your case can proceed as smoothly and efficiently as possible.

If you don't do anything else, make sure you do these three things.

Get Medical Attention

Fun fact: if you don't see a doctor, you could lose your chance to get compensation. Work injuries have a statute of limitations, the same as any other legal case.

There's also the fact that the longer you wait, the more likely it is that your insurance will claim your injury was caused by an event at a later date.

You also need the official diagnosis and medical information provided by your doctor - your lawyer will use them as evidence when representing you to negotiate your claim with your insurance company.

Silence is Golden

Much though you'd like to start talking to everyone you can, you need to resist the urge when it comes to a work injury.

We're not talking about calling your mother. You shouldn't be calling your insurance company on your own, nor should you be talking with your boss about the case. And you definitely shouldn't sign anything that involves accepting financial compensation.

It's your lawyer's job to handle all of these things for you to make sure they're handled correctly. Plus, signing or agreeing to anything before you talk to your lawyer will seriously damage your chances of the case working out in your favor later on.

Start Gathering Information

Make like a squirrel and get busy.

Your attorney is going to need a lot of paperwork, more depending on what your type of accident is and how severe the injury was.

Basically, anything that could be even remotely useful to your lawyer in representing you should end up in front of them. Don't fill it out yourself, and don't start corresponding with people if you're not planning on representing yourself.

Even if it seems inconsequential, gather it for your lawyer. They need a complete picture of the case to represent you properly.

What to Provide Your Work Accident Lawyer

And while we're on that subject, what kinds of paperwork should you be providing your work accident lawyer?

If it seems important to the case (even if it doesn't seem important to you) then it should end up in your lawyer's hands first. As a rule, it's better to be overgenerous in what you provide than skimpy.

As we've said, your lawyer can't help you if they don't know all the details of your case. And they definitely can't help you if you hire them and decide to freelance. Unless you're also a work injury lawyer, your lawyer knows the law better than you.

So make sure you help them help you.

All Medical Documents from Your Doctor

Anything your doctor gives you except a sucker on the way out should find it's way to your lawyer's desk.

This includes, but is not limited to: medical reports, your doctor's official diagnosis, medical bills, printouts detailing your injuries, etc.

If it's paperwork, and it relates to your doctor, and it's related to your case, your lawyer needs it.

Photos

If you or a family member or coworker had the foresight to take photos of your injury, or of the accident itself, this is also something to provide your lawyer.

It's a lot like a medical record - it's another piece of evidence proving to your insurance company that the injury was related to work (and due to negligence).

All Details of the Incident

Your lawyer needs details, and they need to compile evidence.

One of the easiest ways you can help them do that? Keep a record of your firsthand experiences with your injury.

The easiest way to do this is by using a journal and a calendar. The calendar will be used to track doctor's appointments, hospital visits and other date-specific events related to your injury. Don't mix in your yearly visit to your GP - it's only for your case.

The journal is a record of your firsthand experiences with your injury. This provides further evidence of what the doctor said, or the severity of the injury, and it's prime material to act as evidence to your insurance company.

Find the Work Accident Lawyer for You

Once you've got all of that in order, it's time to find the work accident lawyer that's going to win your case.

We can help with that.

If you have questions about areas of your case, feel free to visit our resource page - it's a one-stop shop for all the legal questions you may have.

But if you're ready to proceed, go to our contact page for a free case evaluation.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

What a Workmans Comp Attorney Can Do For You

What a Workmans Comp Attorney Can Do For You

A recent report indicated that fatal injuries in the U.S workplace in 2016 increased by 7 percent. According to the report, the transportation industry claims more workers than any other event, such as fire, falls, and exposure to chemicals.

If you or your loved one is injured at work, you may be eligible for compensation for your injuries and other losses. Before you pursue compensation, you need to determine whether you need a workman's comp attorney.

Proving a workplace injury does not involve examining negligence alone. There are other several things that can prolong your case when overlooked, such as proving your injury is work-related. Some workplace injuries occur because you were ill or your own negligence.

Read on to learn how a lawyer can help you.

1. Reviews Your Claim

Some work injury claims can be pretty complicated, especially when determining who was at fault. For example, it's important to establish whether your role at your workplace permitted to be at the scene or area of the accident.

Also, you have 120 days after a work incident to report the injury to your employer. Failure to do that may void the validity of your claim. Some injuries may also not be eligible for compensation. This is why you need a lawyer to review your claim and determine whether you have a case.

A good injury law firm will tell you straight up if you have a case and give you the odds of getting a satisfactory compensation. Typically, you don't need to pursue a claim when you were at fault, or the injuries are reasonable.

2. Develops the Evidence

Well, you have a case, but do you have adequate evidence to back your claim?

The majority of unsuccessful workers' comp claims usually occur due to insufficient medical and vocational evidence. Some of this evidence, such as medical records, may take months to be given to you.

With a workman's comp attorney, it will easier for you to obtain medical records, get therapeutic options from physicians, and conduct depositions. In some cases, you may even get recommendations for certain medical experts.

Your medical records should reflect the true extent of the injuries. Usually, your doctor will highlight every injury your sustained and how each impacted your ability to lead a healthy life. For example, some injuries can lead to permanent disability such as blindness and inability to walk.

There are also other kinds of evidence your lawyer can help you collect, including statements from workmates, friends, and family members, proof of unsafe workplace, and inadequate training.

3. Files Your Claim and Lawsuit

The process of filing a worker's compensation claim is usually not an easy one. There is paperwork, deadlines, and accuracy of your details. You need to ensure everything is correct and filed properly if you want to secure your settlement.

Working with a workman's comp attorney can giving your peace of mind. They can tackle the technical parts of the process by ensuring are the relevant documents are completed accurately and filed. Keep in mind that different states have varying processes and deadlines for filing.

In some cases, your employer and the insurance company will speed up to settle the compensation after filing a claim. In some cases, the reward may not suffice your losses. A good attorney will advise whether to keep pursuing the claim or file a civil lawsuit.

4. Structures Your Compensation Agreements

Most victims usually don't know the value of their claims after a work incident. Some are likely to accept whatever amount their employer will offer to them as compensation. Keep in mind that some injuries can cause internal conditions, which may take weeks or even months to appear.

Your lawyer usually considers several factors when estimating the value of your claim. These include:

  • the extent or severity of your injuries
  • the resulting functional and physical limitations
  • the state of your disability: partial or total
  • your income loss
  • the total medical costs for the injuries and your resulting limitations

Workers' comp lawyers understand the tricks that insurance companies use to negotiate the settlement amounts. As such, they're likely to determine and negotiate the right amount for your claim.

Your attorney will also ensure a proper structure for your settlement agreement. This is particularly essential if you're applying or receiving Social Security disability benefits. A poorly structured agreement can result in unexpected costs every month due to the workers' compensation offset.

5. Represent You In Court

In the US, about 95 to 96 percent of injury claims are usually settled pretrial. That leaves about 4 to 5 percent that usually proceeds to court. If yours is one of them, then it's best to have a workman's comp attorney by your side.

Court hearings and proceedings are another web of intricate processes that most people don't grasp. If you don't have a lawyer, you'll pin your hopes on a workers' comp judge to deliver a reasonable verdict. But that's usually not the case all the time.

Plus, it can be daunting to appeal a court's verdict after the case had been closed. You can avoid such setbacks by working with an attorney from the onset of your claim.

Your lawyer will prepare motions and pleadings, get witnesses, and acquire all the medical records to build a strong case in court. They will present the theory of your case, offer objections, make arguments, and examine all the witnesses. If you're unsatisfied with the court's verdict, your lawyer can help you appeal the judge's decision.

Workman's Comp Attorney - The Takeaway

Sustaining injuries while on the job can be a rather traumatic experience depending on the severity of your condition. When this happens, don't let anyone deny you what you're owed in a workers' compensation claim. Judges will approve your claim, but you can't rely on them to protect your interests.

As such, it helps to work with a workman's comp attorney who will help you file the claim, determine your claim's work and safeguard your interests. If you have any question about workers' compensation claims, feel free to contact us for professional legal assistance.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Getting the Workers Compensation Settlements You Deserve

Getting the Workers Compensation Settlements You Deserve

Today, Personal Injury and Workers Comp lawyer Scott D. DeSalvo helps you understand the factors that go into calculating the value of a Workers Comp settlement.

If you have been involved in an injury at work, or have a Workers Comp case, this video will provide you with the information you need.

Did you know that 3.5 out of every 100 employees will be injured on the job? But all too often, people miss out on the worker’s compensation settlements they’re entitled to. This can be for a number of reasons. Maybe it’s because they don’t think they have a case.

Maybe they know someone who has been dragged through the mud on a long case. However, fair is fair. If you’re injured on the job (any job, anytime) your employer likely shoulders at least some of the blame and you’re entitled to compensation.

And this is how you make sure you get it.

The 5 Important Steps to Getting Workers Compensation Settlements

This is going to be one of the most stressful times in your entire life. You will go through a lot of pain, physically and emotionally. However, if you can keep looking forward and follow these steps, you will greatly increase your chances.

Call a Lawyer

You need to start here, always. Call the same day, if you can, or have a loved one call on your behalf. Of course, you may immediately be scared. “That’s a big step. Can I even afford a lawyer?”

But you don’t have to worry about that. Many quality lawyers offer free case assessments to people, at absolutely no charge. You can sometimes do it over the phone or online if you can’t be there in person.

See a Doctor

This is also massively important. For example, you may have hurt your back before and remember that it took you about 3 weeks to recover. But only a trained medical professional can really tell you the extent of this injury. Maybe you need 6 months to recover.

You have the right to choose your doctor. You don’t need to go see one that your company advises that you go see. If you’re more comfortable with your regular doctor, it’s your right to go see them.

Document Everything

Write down as much information as you can. This will be invaluable to you and taking notes has helped countless people ensure their fair workers compensation settlements. Make detailed notes on every single thing you can, like:

  • The date and time of the incident
  • Who was there to witness it?
  • What were the conditions like? Was it hot, was it noisy, was it rainy?
  • What first aid were you provided and who administered it?
  • Who from the company questioned/interviewed you about the incident?
  • What questions did they ask?
  • Was a union rep present (if applicable)?
  • What forms or documents were you asked to complete?
  • Were any promises/ offers/ threats made to you following the incident?

These are all questions you will probably get asked at some point, so it’s good to get them in ink.

Stick to Your Story

You were there. Nobody had a better seat to witness the incident than you, so your account of what happened is the most important. Don’t let anyone try to change your words or your story.

Too often, shady companies may try to put words in your mouth to make it seem like it’s your fault. They may try to get you to agree to things like:

  • Would you say you were driving too fast?
  • Were you too tired because you skipped your break?
  • Didn’t they warn you that could happen during your training?

Or they may insist that you may not remember things properly because you were struck in the head, or things happened so fast. Never let anyone discredit your story. This is a popular tactic for companies that are trying to avoid any culpability or workers compensation settlements.

Don’t Sign or Agree to Anything

Things can move really quickly after a workplace injury and some companies will try to use this to their advantage. They know you’re probably overwhelmed, facing possible time off and medical bills.

So they may offer you something right away to try to keep this out of the courts. They may offer to pay your medical bills and give you a lot of paid time off. This can be a big red flag that your employer is trying to avoid any and all workers compensation settlements.

We know this offer is right here in front of you right now, for the taking if you want it. And a settlement can seem like a long time away. You’re worried about paying the bills and supporting your family right now.

But speak to a lawyer and a doctor first before you agree to anything.

How Much Do People Get For Workers Compensation Settlements?

There is no singular answer to that. Nor is there a magic number per injury, like a concussion is worth X amount or a slipped disk in your back is worth Y.

But here are some recent workers compensation settlements:

  • A construction worker from Staten Island received $1.5 million for an eye injury
  • A nurse was awarded $200,000 for a fractured pelvis

Your employer cannot assess how much your injury is really worth, even though they will try. They may insist they’ve seen this before and to trust them. They may even say that going through the courts will be “bad for everyone.”

Only a doctor can diagnose how severe your injury is and you shouldn’t trust any numbers you hear, until you speak with a lawyer. You also can’t really predict the amount that your possible medical bills will cost you.

Maybe you will need multiple surgeries, or physiotherapy, or even a personal support worker to fully recover from your injury.

Have You Been Injured at Work?

We make it extremely easy to reach our law firm because we know how busy you are, especially if you or a loved one is also dealing with a personal injury, car accident, work injury, or medical malpractice.

If you have questions or need more help, give me a call, toll-free, at 888-HURT-318 (888-487-8318). Free, no obligation consultation with a Chicago pedestrian accident lawyer.

Or, if you aren’t ready to talk to a lawyer, I have created a DVD Injury Video which you can get immediately delivered to your email. Same deal. Free, no obligation.

Don’t Miss Out On More Injury Videos! Subscribe Now!

I truly hope this information helps you. Let me know if you have any questions, I’d be happy to answer them.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

How to File a Jobsite Accident Report

How to File a Jobsite Accident Report

Every day, there are approximately 6.5 million people working on 252,000 construction sites across the US. 1 in 10 of those workers will experience injury this year.

Construction site injuries are all too common and many are preventable. If you or a loved one experienced injury in a construction site accident, you're likely entitled to compensation in some form. But how do you go about receiving that compensation?

Filing a jobsite accident report is critical to your case. There are a number of steps and follow-up actions that you should take in filing a construction accident report. Doing these correctly can make or break your case for compensation.

In this guide, we'll walk you through everything you should be doing for a powerful jobsite accident report following a construction site injury. Keep reading to find out how you go about making your case as strong as it can be.

The Fatal Four

Fatalities from construction site accidents are higher than the national average for all industries. That makes it one of the most dangerous jobs to have.

There are four common causes of serious injury and death on the construction site. The Occupational Health and Safety Administration refers to these as the Fatal Four. They include falls, being struck by an object, electrocutions, and being caught-in/between.

The majority of these accidents are preventable. And preventable injuries outside of these fatal four also occur regularly.

Some of the more common hazards that result in injury are the result of scaffolding, ladders and stairways, cranes, forklifts, improper hazard communication, and lack of personal protective equipment.

Many of these injuries occur as a result of negligence on the part of the employer to provide adequate training or to implement safety measures required under law. Meaning that many accidents are not the fault of the victim.

Your Rights as an Employee

The Occupational Safety and Health Act of 1970 is the gold standard for employees rights. Under this Act, you are entitled to a safe workplace. The safety of the workplace is only partly your responsibility.

OHSA gives you the right to a safe workplace but it also obligates your employer to ensure that the workplace is safe for you to work. They are required to provide training and to perform regular tests and scheduled maintenance to ensure the safety of the construction site.

How to File a Jobsite Accident Report

There are a number of steps you should take immediately after an accident to strengthen your jobsite accident report. There are also a number of items you need to do after filing a report to make sure you're covering all your bases.

Go to Your doctor

The first thing you should do after an accident is going to your doctor. Go to your doctor whether or not you have an immediate injury. Although some accidents will cause an injury that obviously needs to be treated, other injuries may not be visible but can cause serious long-term damage.

For example, you may have sustained a concussion that doesn's exhibit symptoms right away. Headaches caused by a concussion or brain injury may not begin until days after the accident. Give your doctor the opportunity to recognize any potential for delayed-symptom injuries well in advance of the worsening.

Delayed-symptom injuries can make your condition worse in the long-term. That makes it more difficult for them to be treated. If you experience any dizziness, nausea, aches, pains or headaches days or even weeks after the accident, seek medical attention right away.

Notify Your Employer of the Event

Your accident might be covered by workers compensation. The time you have to file a workers compensation claim varies from state to state. You usually have 30 days to do so.

If your employer doesn't have a claim form, you can go to your state's workers compensation board.

Don't delay this step or you risk losing the opportunity to receive compensation for your injury. You may be unable to work for a period of time following the injury and you want to make sure that lost wages don't effect your recovery.

File a report right away, even if you weren't immediately injured. Update your report in the case your injury begins showing symptoms later.

In your report, provide as much detail as you can. If your employer has written your report, review it for accuracy. If anything has been misrepresented, ask your employer to make the appropriate changes.

Once the report is finished, request a copy for your own records.

Ensure Your Employer has Filed the Right Report with OHSA

Employers are required to log and track workplace injuries on the jobsite. When an accident happens, they use an OHSA 300 Log to record the employee name, injury date, location, and injury type.

The 300 Log feeds into the 300A log, which tracks all the injuries and illnesses on a given construction site. These should be kept on the site and posted at all times to comply with OHSA regulations.

An OHSA 301 is another requirement whenever there is an injury or illness. This report details where the employee was treated, how the injury occurred, what the employee was doing at the time of the injury, as well as the length of time the employee has been employed with the company.

Ensure that your injury was logged and the information provided was detailed and accurate. Ask your employer to update any incorrect information.

Photograph the Evidence

If you're able, you should photograph the scene of the injury for undeniable, photographic evidence of what happened.

Take pictures of the surrounding area and the equipment that you were using. This could help you explain how and why the accident wasn't your fault.

Take pictures of your injuries as well. You can also photograph the clothing you were wearing when the accident occurred. In fact, it is recommended that you don't wash or fix that clothing so it can be used as evidence if needed.

Check the surrounding are for security cameras. If there are security cameras in the vicinity, they may have caught the event on tape. This can provide valuable evidence of how the accident happened.

Find Witnesses

If any other workers witnessed your accident, you should take down their name and contact information.

It's important that you don't take any statements from these witnesses. Discussing the details of the event with potential witnesses may work against you. All you need is their contact information in case a statement is required later.

Keep a Journal

You should begin keeping a journal of everything related to your accident. The journal should include:

  • A detailed daily log of your symptoms. Include information about how your injury is affecting your life, your ability to work, and how long it takes to do everyday things. Include anything related to emotional well-being as well as physical symptoms.
  • Take photos of your injury every day so you have a visual journal or your recovery process.
  • Write down all the details of any doctors visits. Including dates and what was discussed.
  • Write down any discussions that you've had with others about the event. Again, include dates, names, and details of the conversation.
  • Write down all the details of the accident immediately following the accident.
  • Keep track of everybody involved in your report and your claim. This includes any managers, supervisors, and caseworkers. Write down the dates and details of the conversations.

Keep Copies of Everything

Keep copies of any and all forms you have to fill out. If you receive anything in the mail, keep copies of the envelopes and the postmarks.

Make sure you have copies of all medical records. Keep copies of receipts for any medical expenses incurred including prescriptions or physical rehabilitation.

Keep a copy of your claim form and your accident report to your employer.

Retain your pay stubs and/or paychecks as well as time sheets. Ensure you have stubs/checks and timesheets from before your accident occurred as well. This can help determine how your injury has affected your ability to work and make the same income.

Call a Personal Injury Lawyer

Consult with a lawyer who specializes in construction accidents. They'll know what type of compensation you're entitled to. They also know how to navigate the processes to your benefit.

A lawyer can help you identify whether your cause is better suited for workers compensation or a personal injury claim.

If a manufacturer, contractor or other third-party is responsible for the accident that led to your injury, you should be filing a personal injury claim. Your lawyer can help you determine if your circumstances fall under this category.

All workers are covered by workers compensation. A personal injury lawyer can help you determine whether this is a stronger case for you.

Were You Injured on the Jobsite?

If you've been injured in a construction site accident, filing a jobsite accident report is your first step to receiving compensation. Your second step should be to contact an experienced personal injury lawyer that can help you get the compensation you're entitled to.

Contact us if you or a loved one has been injured in a construction site accident. The sooner you start documenting your injury the right way, the stronger your claim will be.

 

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Whiplash Recovery: What You Can Expect After Your Injury

Whiplash Recovery: What You Can Expect After Your Injury

Based on rigorous testing, researchers have found that nearly 40% of all car crashes result in some kind of head trauma.

Including all of the neck, back, limb, and other physical injuries that occur, whiplash is the most common result of the head being thrown back in a crash. Whiplash recovery takes months, or else becomes a permanent part of your life if you’re in an unlucky position when an accident occurs.

Here is everything you need to know about whiplash, its symptoms, and what it takes to recover.

Causes of Whiplash

If you’re feeling whiplash, the first thing you’re probably trying to figure out is what caused it. Those strains in your neck muscles are occurring as a reaction to some event or incident.

Rapid back and forth movement or an extreme impact are what cause whiplash. The sudden movement puts pressure on your tendons and causes ligaments to stretch unnaturally. This can even cause them to tear, which is the result that leads to whiplash.

If you’ve been in a serious car accident or a bike accident, you will suffer whiplash. It also occurs from sports like football, horseback riding, or boxing.

Any kind of physical abuse or contact sports like karate which lead to being punched or shaken cause whiplash. Any kind of blow to the head or a severe fall results in symptoms related to or leading to whiplash.

To find out the severity of these incidents, it’s necessary to go to see a medical professional. Chiropractors and rheumatologists have the necessary training to tell you whether or not you’ve suffered whiplash. While surgery isn’t the solution, there are other clinical solutions that alleviate pain and suffering.

Getting To Know The Symptoms

The symptoms of whiplash can vary from dull to sharp pains, located all along the spine and in the muscular tissues from the head all the way down your back. Whiplash sometimes encompasses injuries that affect intervertebral joints along your spine. The discs, ligaments, muscles, and nerves along your back are part of the system sometimes impacted by whiplash.

Suffering a rear impact crash pushes your body forward and throws your head and neck backward. This leads to neck pain and stiffness most directly. The indirect impacts appear as headaches, dizziness, and, in the most extreme cases, memory loss.

Some people suffer insomnia from the pain, persistent fatigue, or even depression as a result.

Most whiplash incidents aren’t reported, leading to a vague concept of what the impacts are. However, because the muscular system of the neck and back are both complex and fragile, we know that headaches, neck aches, and backaches are often related. We also know now that serious injuries impact other parts of our brains, which is how we know that depression and insomnia are related to whiplash.

Delayed treatment leads to longer-term problems. Permanent injuries often occur as a result of these injuries because they’re so poorly documented.

Treating the Short-Term Impacts

Whiplash doesn’t often last for very long. Many of the body’s injuries like these are ones that are self-healing. If the pain lasts for more than six months, it’s considered chronic whiplash.

Otherwise, these problems will go away with most over the counter medication.

If whiplash persists for a few weeks, make sure to seek help from a medical professional. Your doctor is the only one with the power to prescribe painkillers and muscle relaxers. If you want your health insurance to cover it, ask for a prescription for physical therapy.

There are other types of treatment available as well. Some people try acupuncture and electronic nerve treatments. The best treatment will come from your chiropractor or rheumatologist.

They often recommend massages to help bring the muscles back to good health.

Understanding the Long-Term Impacts

If the impacts occur for longer than 6 months, this has become a serious and chronic issue that requires medical intervention. There are a few serious symptoms to look out for with long-term chronic whiplash.

While the pain and stiffness that impacts your neck and shoulders persist, look out for other symptoms. The pain may also spread to your upper or even lower back. When you start to suffer headaches, it’s time to seek out some help.

Watch out for pain in your jaw. This means that your skull has been upset and you might need your jaw re-set. You could even suffer tooth damage.

If you find yourself with moments of blurred vision, this is a sign that you have some interior damage from this impact. Dizziness and ringing in the ears that accompany these feelings indicate that the problem is serious.

There are even cognitive and psychological results to look out for. Memory or concentration issues mean that brain damage has occurred as a result of whiplash. If you have trouble sleeping or feel constantly irritable or anxious, you’re suffering serious consequences and need to seek out medical treatment as soon as possible.

What You Can Do Now

If you recently suffered an accident or haven’t decided whether or not you’re suffering whiplash, try some simple over the counter treatments. Since most doctor’s appointments will end with a prescription for aspirin or Acetominophin, save yourself a trip to the doctor. Start off by taking two and seeing how you feel.

If your pain persists, you may require prescription treatment or muscle relaxers if your muscles are spasming. However, prescription painkillers make you unable to do many everyday tasks and can be addictive. Prescription painkillers should be your last course of treatment.

For anyone who is already seeking physical therapy, don’t miss an appointment. Your continued attendance is crucial to the success of your recovery.

Try alternating ice and heat packs while at home. If you’re kicking your feet up and feeling pain after a long day at work, try applying ice for 15 minutes and heat for 15 minutes in alternating sequences.

Practice a few simple necks, back, and shoulder exercises every day. This helps to rebuild the flexibility in your neck.

Whenever you sit or stand, try to practice your best possible posture. When you’re at least, be sure that your neck muscles are also at rest and not straining. You may even try wearing a foam collar while you sit around at the end of a day.

If you’ve just suffered your injury, that’s the time to wear a collar. Only do so for a few hours at a time, as it can harm as much as it helps.

Start Putting Together a Case

As you call each medical facility and start receiving treatment, you need to keep documentation of every point of contact. If you’ve just gotten into an accident, had a fall, or were assaulted, seek out care as soon as possible. Waiting too long means that you’re risking your medical care and treatment falling outside of the window of coverage you could be claiming.

Start by visiting your general practitioner or primary care physician. Describe your symptoms and be sure that they’ve recorded everything. Since its hard to document every symptom with a scan or an x-ray, your written record of symptoms is an important piece of evidence.

Getting fair compensation, unfortunately, requires you to jump through some hoops. However, if you talk to a lawyer and present all of the relevant documentation, you should be able to get what you’re entitled to.

Don’t fret about cost when you’re first putting together your case. Most personal injury lawyers won’t charge you until they’ve talked things over with you and decided whether or not you have a case. If they do decide you have a case, they take most personal injury cases on a contingency, meaning that they only receive a payment if you do.

After your injury, expect to have to jump through a number of hoops just to put your case together. However, once you’ve spoken with a lawyer and provided all of the necessary paperwork for them to put together a case, you should be able to walk away. With the right tools on hand, a competent lawyer gets your medical bills covered and ensures that you don’t have to do any more work.

Whiplash Recovery Can Be An Endless Road

Unless you’re young, extremely healthy, and quite lucky, whiplash recovery is a long and tiring road following an accident or an event.

If whiplash follows you like a shadow for months or years after an incident, it could cost you hundreds of thousands.

With the right preparation and representation, you’ll spare yourself a continuous headache on your road to recovery.

If you’re suffering emotional distress as a result of the incident causing your whiplash, check out our guide for what to do.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Who’s Responsible? The 8 Steps To Take After A Workzone Injury

Who’s Responsible? The 8 Steps To Take After A Workzone Injury

As work zone crashes climb near the 100,000 mark, it’s vital to take work zones and their related injuries seriously. If you’re on the road in a workzone, driver negligence, limited visibility, and unpredictable traffic patterns create the perfect storm for injury and even death. If you were injured while at work, the next steps that you take are vital to your well being and your ability to be appropriately compensated.

Here are the eight most important steps to take following a workzone accident.

1. Don’t Let Anyone Leave

If you’re reading this before you’ve been injured in a work zone, the most important first step to take is to keep anyone from leaving. You never know who could provide vital information to authorities from what they’ve witnessed.

The people involved in the accident need to be given space away from the work zone. All work must cease and everyone’s attention must focus on the people who have been injured.

The person who was driving the vehicle involved in the injury must be pulled aside. If they’re distressed, they’re going to risk causing another accident by driving while stressed out. If they’re drunk or on medication, they must be kept off the road until it’s safe for them to operate a motor vehicle.

If witnesses have pulled aside, ask them to hang around while you wait for the authorities to arrive. Police and investigators will ask for their information to ensure that there is testimony to back up anything that’s occurred.

While everyone is feeling the high intensity of the moment, you need someone to take on the role of keeping everyone calm. Even if you’re the one that’s been injured, your calmness will trickle down to everyone else.

2. Call 911

Someone needs to call authorities and first responders ASAP. In most accidents and injury situations, time is of the essence. If you’re not on top of things, you could risk further injury.

Don’t move anyone’s body until medical staff arrives. If someone is stuck inside of a vehicle, you need medical staff to supervise any movement.

Police arriving on the scene have the tools and training to look at an accident and assess fault. They’ll find out if the driver was intoxicated or under the influence of drugs and alcohol. By taking a look at the conditions of the work zone, they’ll set into motion the next steps that need to be taken for everyone’s safety.

Calling 911 while at a work zone leaves you with several stressful minutes to deal with everyone. Talk to anyone involved with the accident and check that they’re okay. While the answer seems obviously a no, this checking in also checks the consciousness of anyone involved and the severity of any head or bodily injuries.

Calling 911 will send firefighters, an ambulance, and police as a standard response team. Make sure to tell the operator how many people were involved with the accident so that the adequate amount of ambulances are sent.

Most ambulances only house one injured person at a time, two at most. If you can’t tell, give your best estimate.

3. Contact Your Supervisor

While waiting for first responders to arrive, contact the site supervisor for the work zone. More often than not, they’re trained to respond to situations like this. They’ll have training dictating what reports to take, next steps, and how to proceed with work from here.

The site supervisor is the closest thing to an authority you have until police arrive. Until then, take your supervisor’s lead. They’ll have the training necessary to handle the situation.

Your supervisor may act as a mediator if tensions are high after the accident or incident. It’s infuriating to be injured as a result of someone else’s negligence and it’s natural to seek out someone to blame for an injury. However, that’s not always the best response to keep everyone calm while waiting for responders.

If your supervisor seems overwhelmed, respond by remaining as calm as possible.

4. Take Photos

Photos need to be taken at the scene of the accident. If you photos, use them as evidence in a future court case, to help guide the judgment of insurance companies, and to protect your assets. No matter what stake you hold in this work zone injury, photographic evidence is a great way to provide context and proof.

Get photos of vehicles and equipment involved in the accident. Take shots that are wide and close up. The wider shots provide context to the area of the incident and inform later conversations about how it happened.

On a highway work zone, the area changes quickly and dramatically from the time of an incident to when it ends up resolved. Over time, the important elements that contributed to the incident get paved over, removed, or reorganized. Just a few weeks later, it often looks like a totally different location.

Document with as much detail as possible what the location looks like at the time of the crash. If the incident occurs at night, be sure that you take as much flash photography as possible.

5. Get Contact Info

Everyone on the scene involved with the incident should exchange contact information. Motorists, workers, and supervisors should exchange insurance information, names, and addresses.

If there were witnesses, get their contact information before they leave. Any motorists who saw the incident can come in handy when it comes time to get reimbursed for medical fees, pain, or suffering. If someone saw the severity of the crash, they can tell a judge or litigators about what happened to back you up.

There is typically an investigation following work zone accidents. The more information that people can offer, the faster the situation gets resolved. With more information, a more accurate judgment gets made and everyone who needs help with their medical bills receives the right compensation.

6. Go To Your Doctor

As soon as possible, anyone injured in a work zone must seek out help from doctors and specialist. If you have a primary care physician, get them to take a look and recommend treatment.

Save any scans, test results, or treatment you receive and document them. That documentation becomes useful when an investigation is run. If someone claims that an injury was a pre-existing condition, those claims get disputed with test results.

Time is of the essence when it comes to getting checked out by a doctor. Waiting for more than 48 hours throws the results of those tests into question.

Some lawyers and insurance agencies have successfully claimed that injuries caused by someone else were ineligible to be covered when tests were run later. Tests run a week down the road leave themselves open to scrutiny. If tests aren’t run right away, lawyers and insurance adjusters attempt to claim that the injuries were a result of another incident that happened in the interim.

7. Contact Your Insurance Company

Contact your insurance company as soon as you’re fit to. Try to get ahold of them within 24-48 hours if possible. Your medical insurance company will prepare some questions and require some documentation once you tell them you were injured.

They’ll get in touch with the insurance company that your employer uses. If you were struck by someone else, your insurance company will contact their insurance company as well. This is when they begin their investigation.

Insurance adjusters from the other parties’ insurance companies will attempt to ask you questions without a lawyer present. These adjusters will try to make you an offer that is beneficial to them, settling your case without getting lawyers involved. They’ll claim that this is in your best interest.

Before you start taking offers, talk with your own attorney and protect yourself.

8. Talk To An Attorney

Contact an attorney as soon as possible following your work zone injury. Most lawyers will offer you a free consultation if you’re the one injured. In personal injury cases or workplace injuries, many lawyers will work on contingency, only getting paid if you get paid.

Trying to represent yourself is the worst choice to make when you’re the victim of a work zone injury. Work zone injuries will cause other parties’ insurance companies and lawyers to circle, trying to give you as little money as possible. Navigating the court system alone leaves you vulnerable to losing out on time and money.

Workzone Injuries are Serious Business

Whether you’re an injured worker, a site supervisor, or someone responsible for a workzone accident, the steps that are taken after the accident are important. No matter your position, the safety and security of everyone involved in the moments after are preserved by good decisionmaking. Taking these injuries seriously is the only way to ensure that their resolution is as good as it can be.

If you worry about whiplash or head trauma following a workzone accident, check out our latest guide.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

A Breakdown of the Average Personal Injury Settlement Amounts

A Breakdown of the Average Personal Injury Settlement Amounts

So you’ve been in an accident and are looking for a personal injury settlement?

In this article, we’ll break down the average personal injury settlement amounts and what you can expect from your case.

Bear in mind that personal injury sums are calculated by a variety of factors. Therefore, just because someone else won $1 million in a settlement that seems similar to yours, it doesn’t mean you’ll be banking that amount.

Read on for not only the average personal injury settlement but also how personal injury sums are calculated and what you can expect when bringing your case forward.

Will My Case Result in a Settlement?

If you decide to bring your case forward, you’ll get a crash course on personal injury law as you do. You’ll learn some of the ins and outs of the system in a baptism by fire.

One thing many people wonder is whether their case will result in a settlement or go to a trial. After all, you often hear about personal injury settlements and not two sides duking it out in a courtroom.

Most personal injury cases result in a settlement. Only around 5% of them see the courtroom.

The only time your case will go to court is if you and the opposing party cannot agree on the proper amount to compensate you. However, as you can see via statistics, most parties do come to an agreement before you enter the court.

How Long Does It Take to Reach a Settlement?

Many people have the misconception that a settlement is quicker than going to trial. They may also believe that you can settle out of court in a matter of days or weeks.

Television often portrays settlements as quick events. One person states their amount, the other party talks them down and then they reach an agreement in just a few moments.

In real life, settlement proceedings can take several months to a few years. This is due to the fact that both parties must participate in “discovery,” where they investigate the claims of the event that occurred. Both parties also often hire an investigator to help them calculate the amount owed.

We’ll talk about some of that later on in the article.

Generally, however, don’t expect your settlement to mean you’ll be getting money deposited into your bank account immediately.

What are the Average Personal Injury Settlement Amounts?

This is difficult to say, partially because most personal injury cases are kept confidential. Once a settlement has been reached, it’s not necessarily on the books.

But, according to some revenue reporting, the average amount for a personal settlement in 2013 was around $24,000. Most of the claims were born out of automobile accidents.

However, you can’t automatically assume you’ll get $24,000. Instead, the process is a lot more complex than that. You could wind up getting a lot more, or a lot less depending on the circumstances of your personal injury.

Let’s take a look.

What Affects the Amount of Money One Receives?

There are two major factors at play when calculating personal injury settlements. One is how much the insurance company is willing to payout, and the other is the extent of your injuries.

If your injuries were not very extensive, you likely won’t receive much money from the payout. Additionally, if the insurance the company took out isn’t extensive, you won’t receive much money from that either.

In some cases, you can also claim for psychological stress associated with the accident. However, the payout will depend on a variety of factors, including the company’s insurance policy.

When Do You Receive the Settlement?

As stated previously, it can take several months to arrive at a settlement agreement. But settlement agreements don’t typically start until you’ve completed treatment for your injury or psychological illness that resulted from the accident.

This is so that you can only claim back things that are measurable. After your illness, you will likely have medical bills. Therefore, the courts and lawyers, as well as the insurance company, can see this.

If the treatment for your injury will be ongoing for the rest of your life, that may play into the amount you’ll receive. However, the settlement will most commonly cover the treatment that is already completed.

How Settlements Are Calculated: Loss of Time at Work

Another way settlements are calculated includes the wages you’ve lost at work from being unable to attend.

For example, if you work at a position where you receive $3,000 a month and can prove this from previous pay stubs, you’ll receive $3,000 if you had to miss one month of work.

This doesn’t guarantee you’ll receive $3,000 for the month you’ve lost, but it is a starting point for negotiations. It is likely your lawyer will demand that you receive that amount for your time lost.

Medical Bills

As stated above, medical bills that have already been rendered are included in your settlement. You may be able to accrue the medical bills and pay them later through the settlement money. Or, depending on where you were treated, you may have to pay out of pocket and then reimburse yourself through the settlement payout.

Often, if you receive surgery or have to receive onsite care, you will receive a much higher payout.

Factored into your medical bills will be how long you stayed in the hospital, the type of care you received, and how you had to be transported. If you had to be transported via ambulance or received onsite care, you may well receive more money than the average settlement.

Pain and Suffering

You may have heard of people receiving a payout for pain and suffering. You may have even rolled your eyes at the term.

However, pain and suffering is a legal definition that accounts for anxiety, pain and other things the individual has endured as a result of this accident.

It is difficult to calculate pain and suffering since it isn’t measurable like other types of claims. There is no bill you can submit to show how much you paid for pain and suffering.

Instead, a lawyer will often try and calculate the amount of money you should receive per day for your suffering, and multiply that for how long it will take you to recover.

For example, if your doctors estimate it will take you six months to fully recover, your lawyer can request $200 per day. If the six months was 184 days altogether, this means you can request $38,600 for your pain and suffering.

This sum is likely negotiable with the insurance company and other party’s lawyers.

You traditionally prove pain and suffering through a variety of means. This can be through photographs of your daily life after the injury, videos or witness statements. Doctors can also testify to the amount of pain a person would be in your situation to help prove the case.

Loss of Enjoyment

Loss of enjoyment can be even vaguer than pain and suffering, but it is one way that your personal injury settlement gets calculated.

Loss of enjoyment can include a variety of things, including being unable to participate in activities you used to participate in, being unable to bond with your family or being unable to celebrate special holidays.

This type of claim is often handled differently from state to state, so if you think you have a claim for it, you’ll need to speak to your lawyer about how to go about it. In some states, it is included in the overall personal injury fee. In others, you’ll have to go through a separate venue to collect the claim.

Often, a loss of enjoyment claim is for an injury that has debilitated you for the rest of your life and caused serious issues within.

For example, if you broke your ankle, your personal injury claim may include the days you spent off of work and your medical bill. But, because it healed in six weeks or so, you’re unlikely to claim a loss of enjoyment. While it did affect your life, it is doubtful it did so in a permanent way.

However, if you were in a car accident and suffered severe brain damage that has altered your life completely, this would likely qualify.

Ready to Make a Personal Injury Claim?

Average personal injury settlement amounts are difficult to measure, as each case is different. Your amount will not likely be the same as other people’s, specifically because of the variety of factors that must be taken into account.

Have you or a loved one been in an accident and want to look into making a personal injury claim? If so, contact us today to look into what we can offer.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation