Workers Compensation for Severe Fall Injuries
Falling from a significant height such as scaffolding or a roof often results in severe injuries, affecting construction workers’ capability to continue working, resulting in loss of income and life-altering changes. In such cases, understanding the rights and entitlements under Workers’ Compensation is crucial.
The Collier Law Firm specializes in Workers’ Compensation cases and is proud to provide expert legal help to workers suffering from fall injuries. With years of experience in handling such cases, our workers’ compensation attorneys ensure that you receive the best compensation for your serious injuries. If you have suffered from a severe roofing or scaffolding accident injury at work, contact our dedicated team today.
What is Workers’ Compensation?
In North Carolina, workers’ compensation is a form of insurance that provides monetary benefits and medical care to workers who sustain injuries or become ill as a direct result of their job. This system aims to protect both employees and employers, ensuring that injured workers receive the necessary care and financial support while shielding employers from high-cost lawsuits.
Workers’ Compensation is defined as a state-mandated insurance program that provides benefits to employees who suffer job-related injuries and illnesses. The scope of Workers’ Compensation is wide-ranging, encompassing medical expenses, rehabilitation costs, and lost wages. It can also provide benefits to the families of employees who die due to work-related accidents or illnesses.
Who is Eligible for Workers’ Compensation?
Typically, most employees are eligible for Workers’ Compensation as long as the injury or illness is job-related. However, there are certain exemptions, such as independent contractors, agricultural workers, or domestic employees. Furthermore, not all types of injuries may be covered under Workers’ Compensation. For instance, injuries incurred while the employee was intoxicated or intentionally self-inflicted may not be eligible for Workers’ Compensation benefits. It is advisable to consult with a knowledgeable attorney to understand your eligibility and rights under Workers’ Compensation.
Common Types of Severe Fall Injuries
These are just a few of the common injuries that can happen in a fall from a roof or scaffolding:
Fractures: Falling from a height often results in bone fractures. Common areas include wrists, arms, ankles, and hips.
Spinal Cord Injuries: These injuries can lead to partial or complete paralysis, significantly impacting a worker’s life.
Traumatic Brain Injuries: Falls can cause serious brain injuries, leading to cognitive impairment, memory loss, or even permanent disability.
Internal Injuries: These may include damage to vital organs, internal bleeding, or punctured lungs.
Dislocations: This often affects the shoulders, hips, knees, and elbows.
Cuts and Lacerations: While these may seem less severe, they can lead to significant blood loss and risk of infection.
Death: Unfortunately, some falls can be fatal, especially when they involve a significant height.
You Deserve Fair Compensation
Receiving fair compensation after suffering a severe fall injury is critical for several reasons.
- Injuries result in high medical expenses, including emergency care, surgeries, medications, and physical therapy. Without compensation, these costs cause financial hardship.
- Severe injuries lead to extended time away from work and lost wages. Some injuries may result in permanent disability, preventing return to previous job. Workers’ Compensation covers lost earnings, easing financial strain.
- Severe injuries affect quality of life, hindering daily activities, hobbies, and time with family. While money can’t replace losses, a fair settlement brings justice and closure, allowing focus on recovery.
- Fair compensation supports dependents and family members who rely on injured worker’s income. For families of workers who die from work-related accidents or illnesses, Workers’ Compensation benefits provide financial security during a challenging time.
The legal team at Collier Law Firm is committed to ensuring that you receive the fair compensation that you deserve. We understand the devastating impact of severe fall injuries and will fight tirelessly on your behalf.
What is the Responsibility of an Employer?
The Responsibility of an Employer in Construction
Employers in the construction sector bear significant responsibility in ensuring the safety and well-being of their workers.
Provision of Safety Equipment and Training: Employers are required to provide necessary personal protective equipment (PPE) like helmets, safety harnesses, and gloves to protect workers from fall injuries. Also, they should offer adequate training to employees to ensure they can operate machinery correctly and understand safety protocols.
Maintaining a Safe Workplace: The workplace should be free of potential hazards. Regular inspections and immediate rectification of identified risks, such as loose scaffolding or slippery surfaces, are a must.
Carry Workers’ Compensation Insurance: Employers must have Workers’ Compensation insurance to cover their employees in case of work-related injuries or illnesses. This ensures that workers receive financial compensation without having to resort to expensive lawsuits.
Reporting and Compensation: Employers are required to report any injuries or illnesses to the relevant authorities. If an employee suffers a work-related injury, the employer must inform the Workers’ Compensation insurance carrier to initiate the compensation process.
Compliance with Regulations: Employers must comply with all federal, state, and local safety regulations to prevent accidents. This involves adhering to Occupational Safety and Health Administration (OSHA) standards, which set forth guidelines for safe working conditions in the construction industry.
Fulfilling these responsibilities not only protects workers but also shields employers from potential lawsuits and fines. If an employer neglects these duties, leading to an injury or death, they may be held accountable. Workers who suffer as a result of such negligence should seek legal counsel to understand their rights and explore potential legal action.
What is The Claim Process?
Navigating through the workers’ compensation claim process can be daunting, but having a specialized lawyer by your side can make a significant difference.
Reporting the Injury
The first step in the process is reporting the injury. This is a critical stage where the specifics of the incident, the nature of the burn, and any other relevant details must be accurately documented and promptly reported to the employer. An experienced attorney can guide you through this process, ensuring that all necessary information is comprehensively recorded and the report is filed within the state’s deadline.
Filing the Claim
Next, a workers’ compensation claim needs to be filed. This involves completing a series of complex forms and gathering supporting documentation, such as medical records and statements. This phase can be intricate and time-consuming. A lawyer’s expertise is invaluable here, as they can handle the bureaucratic aspects, ensure the paperwork is correctly filled out, and help gather the necessary supporting evidence. This can significantly increase the likelihood of a successful claim.
Receiving Compensation
Finally, upon approval of the claim, compensation is received. This is the stage where the aid of a lawyer is especially crucial. They can help evaluate if the compensation amount offered is fair and commensurate with the severity of the injury and its impact on the worker’s life. If the claim is denied, a lawyer can assist with the appeal process, advocating for your rights and fighting for the compensation you rightfully deserve.
What Are An Injured Employee’s Rights?
As an employee, you have specific rights under the workers’ compensation laws. These rights ensure you are protected and treated fairly throughout the claims process.
Employee’s Rights in Claiming Workers’ Compensation
Employees have the right to file a claim for compensation in the event of a work-related injury or illness. They are entitled to receive medical treatment, and, depending on the severity of the injury, wage replacement benefits or disability benefits. Employees also have the right to return to their jobs once they’re medically cleared to do so. If an employee is unable to return to their previous role due to their injury, they may be entitled to vocational rehabilitation or job retraining. Importantly, employees have the right to seek legal representation at any time during the workers’ compensation claim process.
What to Do in the Event of a Dispute
If a dispute arises during the claim process, such as a denial of the claim or disagreement about the benefit amount, employees have the right to appeal the decision. The first step is typically to file a request for a hearing or review with the state’s workers’ compensation board. It’s highly recommended to seek legal counsel to assist in presenting evidence and arguing your case during the hearing. Remember that the laws and procedures for workers’ compensation disputes vary by state, so understanding your rights under your specific state’s laws is crucial.
Compensation Available for Severe Roofing or Scaffolding Accidents
Medical Bills: Workers’ compensation covers the cost of medical treatment related to the injury, including hospital bills, doctor’s visits, physical therapy, medication, and any necessary surgeries.
Temporary Total Disability Benefits (TTD): If you’re unable to work at all while recovering, you may receive TTD benefits. These are typically a percentage of your regular wages.
Temporary Partial Disability Benefits (TPD): If you can return to work but can’t earn as much due to your injury, TPD benefits may cover the difference in wages.
Permanent Total Disability Benefits (PTD): If your injury is so severe that you’re unable to return to work in any capacity, you may be eligible for PTD benefits.
Permanent Partial Disability Benefits (PPD): If you’re able to work but your injury permanently reduces your earning capacity, PPD benefits may be applicable.
Vocational Rehabilitation: If your injury prevents you from returning to your previous job, you may be entitled to vocational rehabilitation services to help you find new employment.
Death Benefits: If a worker dies as a result of a workplace fall, their dependents may receive death benefits to compensate for the loss of financial support.
How Can The Collier Law Firm Assist You?
At The Collier Law Firm, our expert team of attorneys is thoroughly experienced in handling workers’ compensation claims. We understand that dealing with a work-related injury is a challenging time, and navigating through the claim process can add to the stress. Our goal is to shoulder that burden for you. We can help in reporting the injury, filing the claim, gathering supporting documentation, and representing you in any disputes that may arise. We will advocate for your rights and fight tirelessly to ensure that you receive the compensation you deserve. If you or a loved one has suffered from a severe roofing or scaffolding accident, don’t hesitate to reach out to us. Contact The Collier Law Firm today, and let us assist you on your road to recovery.