Workplace accidents happen daily in Arizona’s Maricopa County, especially in dangerous situations like construction work. You should be able to get the financial assistance you need during your recovery from the no-fault workers’ compensation system. Sadly, that is not always the case. Sometimes people must pursue other legal avenues for the financial help they deserve, and a workplace accident attorney is the one to help.
When You Might Need a Workplace Accident Attorney
If you suffered a minor work injury requiring you to miss little or no work, and your employer admits the accident happened, you will likely move through the workers’ comp system without issue. However, consider some situations in which having legal representation may be necessary:
- The settlement offer is low. Your employer offers a settlement that does not cover all your lost income or medical expenses.
- Your employer retaliates. Your boss terminates your employment, demotes you, cuts your hours, reduces your pay, or discriminates against you in another manner.
- Your employer denies your claim. Often employers deny claims thinking the worker will not appeal or does not know they can appeal.
- Your injuries caused medical issues that hinder your performance. Cases can become more complex when injuries make it impossible for you to return to the same position you had before.
- You receive or will receive Social Security disability benefits. Workers’ comp payments can lower your Social Security benefits without a properly structured settlement.
Workers’ comp may not apply if you sustained an injury on the job because of an outside party not affiliated with your employer. Instead, you may need a Phoenix personal injury attorney to help you build a personal injury claim against the party liable for your accident and resulting damages.
What a Workplace Accident Attorney Will Do for Your Case
When you hire an attorney to handle a workplace injury claim, the first thing they do is ensure the completion of all necessary paperwork before deadlines and without error. They also handle all conversations and negotiations with the insurance company to reach a settlement. If the insurance company does not cooperate, they will prepare your case for trial to ensure you receive adequate financial assistance.
Most importantly, your attorney protects your rights and explains the legal process. Several circumstances can complicate a workplace injury case, and an experienced Glendale personal injury attorney is up for the challenge.
When a third party is liable for your injuries, your attorney will take over the process of filing your claim, investigating the accident, gathering evidence to prove negligence and identifying damages. The latter is crucial to ensuring adequate compensation to cover your losses.
Recoverable Damages From a Workplace Accident
An experienced workplace accident attorney in Phoenix knows where to look for compensatory damages. These are the economic and non-economic losses associated with your claim:
- The cost of medical care, including current and future treatments
- The loss of income from current and future missed work or the loss of earning capacity
- The physical and emotional pain and suffering you endured from your injuries and necessary treatments
- The mental anguish that accompanies severe accidents and injuries, sometimes in the form of anxiety, depression or post-traumatic stress
- The cost of replacement services, such as household help or childcare
Valuing the economic damages is relatively straightforward. Your attorney will use medical records, bills, pay stubs, tax returns and any other tangible evidence to prove your financial loss. However, valuing and proving non-economic damages like pain and suffering is more complex.
What To Expect From Your First Meeting With a Workplace Accident Attorney
Workplace injury lawyers charge no upfront fees for consultations. You can relax knowing that you can ask questions without further financial burden. Your attorney will spend time getting to know you, asking you questions about the accident and how your injuries impact your life. Bring any documentation you have, including photographs, police reports, accident reports, hospital discharge paperwork and eyewitness information. While your attorney will conduct their own investigation, you can help them get started with this documentation.
Once you go over the details of the claim and review the evidence, your attorney will likely start discussing the next steps. If they decide to take on your case, they will let you know what happens next and inform you of anything you need to do before the next meeting. This may include anything from providing more documents to keeping them up to date on your medical condition. Then, moving forward, you will work closely with your attorney, relying on them to build your case and protect your rights.
What Steps To Take After the Accident To Protect Your Claim
In the aftermath of a workplace accident resulting in injury, there are a few things you can do to protect your right to compensation:
- File an accident report. Filing a report protects you from claims that your injuries resulted from an incident occurring outside the workplace.
- Report injuries right away. Some injuries have latent symptoms, so let your employer know as soon as the first signs of injury arrive.
- See a doctor immediately. For severe injuries, you should go to the emergency room or urgent care right away. You can ask your employer about their policies on seeing a doctor for less severe injuries and whether you can choose the doctor.
- Follow up on your medical care appointments. Never miss a follow-up visit, and take care to follow the doctor’s orders.
Contacting an attorney as soon as possible is one way to ensure you receive fair treatment and can access the compensation you deserve.
Schedule Your Free Consultation With a Maricopa County Workplace Accident Attorney
Workplace accidents can result in devastating and life-changing injuries. However, you do not need to face the financial ramifications of an accident or someone else’s negligence alone. If you need the help of a Phoenix workplace accident attorney or want answers to questions about your claim, contact Sargon Law Group to schedule your free consultation today. We offer contingency-based fees for accident victims, which means you pay nothing unless we win.