What to do in a work accident
If you suffer an injury at work, the law provides that you are entitled to medical care and disability pay, and other workers’ compensation benefits, even if the accident was your fault. Three things to do right away:
- Notify your employer of the injury immediately and request medical care. (Your employer is required to file a report of your injury through the Division of Workers’ Compensation within three days of the injury.)
- Report this injury to your employer immediately and get medical care, even if your employer tells you not to get medical care. (It is against the law for an employer to request that you not report or seek medical care for your injuries.)
- Get an attorney to help you immediately, even if your employer and Workers’ Compensation insurance company file an admission to your claim. This is true because there are benefits that you are entitled to that they won’t tell you about. For example, they may have failed to admit to some benefits you are entitled to, or they may have miscalculated the benefits you are owed.
Unfortunately, collecting those benefits isn’t always easy. Injured workers need an experienced workers’ compensation attorney on their side. At McDivitt Law Firm, our lawyers have the experience and resources needed to help injured workers obtain the benefits to which they are entitled. For over 40 years, we’ve been assisting Colorado workers to obtain the maximum owed them by their workers’ compensation benefits.
Common types of worker's compensation accidents
Any injury or illness that occurs while on the job or in the scope of employment can qualify for workers’ compensation benefits. Some of the most common causes of workers’ compensation accidents include:
- Repetitive Stress Injuries – Performing the same motion throughout your career can wreak havoc on joints and extremities. Repetitive stress injuries, such as carpal tunnel syndrome, can cause serious injury, pain and limited mobility. It’s difficult to prove that your job caused this injury, however, because there isn’t one incident that can be used to establish cause.
- Overexertion Injuries/Accidents – This is the most common type of workers’ compensation claims and these injuries include strains, sprains, herniated discs, and muscle injuries. They are caused by pushing or lifting heavy objects at work and can cause significant long-term complications if they aren’t diagnosed and treated properly.
- Falls – Falling was one of the top causes of injuries in both the construction and retail industries. Falls from scaffolding, downstairs, or off roofs and other structures can cause serious traumatic brain injuries and spinal cord injuries.
- Struck by object – This is the fifth most common workers’ compensation claim and these injuries are usually the result of an object striking a worker and causing an injury. Tools, heavy equipment, and other workplace objects can all cause injury on the job.
- Car accidents – Workers who are required to drive throughout the scope of their employment are at an increased risk for sustaining serious injuries in accidents. Delivery drivers, oil and gas truck drivers, and other transportation workers may find themselves facing an uphill battle when trying to collect workers’ compensation after a car accident.
- Machinery accidents – Working around heavy machinery can be dangerous. From forklifts to bulldozers, heavy machines are found in virtually every business sector and can cause serious and life-threatening injuries. Some of the most common occupations where machinery accidents occur include: maritime, construction, and farming industries.
- Being caught in or between objects – In some workplace environments, such as a construction site, workers can find themselves caught in or between objects, such as a forklift, heavy shipping containers, or conveyor belts. This can cause devastating and permanent injuries, such as disfigurement, amputation, and internal damage.
- Workplace assault or violence – Violence in the workplace accounted for 6.3% of all workplace injuries. Assaults, negligence by other employees, or violent situations can be problematic in a workplace environment.
Common types of worker's compensation injuries
Colorado workers who sustain an injury while on the job are entitled to receive workers’ compensation benefits. These benefits are based on your injury and on how long it takes to recover from that injury. At McDivitt Law Firm, our lawyers have successfully helped numerous workers after an on-the-job injury, including those who sustained:
- Carpal tunnel syndrome
- Fractures
- Soft tissue injuries
- Back injuries
- Neck injuries
- Herniated or slipped discs
- Strains or sprains
- Lacerations and severe abrasions
- Internal organ damage
- Traumatic brain injuries
- Spinal cord injuries
- Disfigurement
- Amputation
- Burns
How do pre-existing injuries affect workers compensation claims?
Before collecting workers’ compensation benefits, you should understand how a preexisting condition may affect your claim. If you have a pre-existing condition, such as a bad back, you can still collect workers’ compensation benefits if an on-the-job incident caused your condition to worsen or become aggravated. Proving this can be difficult without the help of an experienced Colorado workers’ compensation attorney. Your attorney will need to clearly establish that your medical condition or preexisting injury worsened because of your job duties or because of a workplace accident.
We’re there when you need us
Injured workers in Colorado need a law firm on their side with extensive experience and knowledge of employment laws and benefits. At McDivitt Law Firm, we can help you obtain the workers’ compensation benefits you are entitled to by law. The insurance provider for your employer may not explain all the benefits that are available to you. We know that even when you are injured, you don’t always get the benefits you need and deserve. That’s why we work tirelessly for our clients from the moment they call. With offices in Downtown Colorado Springs, North Colorado Springs, Denver, Aurora, and Pueblo, our attorneys are ready to assist you in a moment’s notice.
Contact the McDivitt Law Firm lawyers today! We offer free consultations, so you can better understand your rights and options.