Practice Areas
Workplace Injuries
Our firm regularly represents individuals injured in the course of employment. Workers' compensation is just the beginning. We analyze your case for all sources of potential recovery.
Workplace Injuries
Fighting for Full Compensation for Injured Workers
Workers' compensation may not be your only avenue of financial recovery.
Workplace injuries are a significant problem in America, affecting millions of workers every year. According to the Bureau of Labor Statistics, in 2020 there were 2.8 million nonfatal workplace injuries and illnesses reported by private industry employers. Additionally, there were 5,333 fatal workplace injuries in the same year. These numbers demonstrate the ongoing challenge of ensuring safe working conditions for American workers and highlight the importance of continuing efforts to prevent workplace injuries.
Common injuries include:
- Falls due to hazards
- Loading and unloading accidents
- Truck and auto accidents
- Respiratory/inhalation injuries
- Construction, ladder, and scaffolding falls
- Falling materials
- Machinery and machine guarding
- Eye and facial injuries
- Electrocution
- Powered industrial truck injuries
Track record of success on third party claims
On the job injuries are legally complex and always warrant attorney consultation. Although workers compensation rules usually apply, most injured workers are unaware of their right to recovery for permanent impairment. In addition, if a third party's negligence or fault caused or contributed to the injury, the worker may have the right to file a personal injury lawsuit against that party. This is known as a third-party claim. Third party awards can be substantial, and are frequently much larger than what is available through the workers compensation process.
Our firm has an impressive track record of success on workplace injury cases against third parties. Our results have included the following six and seven-figure outcomes:
- Ambulance driver v. third party trucking company
- Healthcare worker v. third party cleaning company
- Linesman v. third party excavation company
- Contract laborer v. farm owner
- Delivery driver v. employer's underinsured motorist carrier
- Office manager v. architect of office building
- Waste collector v. third party driver
These awards were in addition to workers compensation benefits.
Contact a Kentucky workplace injury lawyer as soon as possible.
If you have been injured on the job, contact Powell Klausing to discuss your options. Our firm will analyze the facts of your case to ascertain all possible sources of recovery to which you may be entitled.
Call us today to schedule a free case review.
FAQ
From working with heavy machinery to standing on scaffolds hundreds of feet in the air, many aspects of the job put construction workers at risk for traumatic brain injuries, spinal cord injuries, paralysis, broken bones, illness, and other ailments.
Some of the most common accidents that occur include:
- Falls from high surfaces, including scaffolding
- Electrical shock and electrocution
- Illness due to exposure to hazardous material (e.g., asbestos)
- Falling objects
- Lifting or repetitive motions
- Crush injuries due to defective equipment
- Lacerations and puncture wounds, including traumatic amputations
Workers hurt on the job can recover workers' compensation benefits and may be eligible to file a third-party liability claim. Here is an overview on each type of claim:
Worker's Compensation
With rare exceptions, any worker hurt on the job is entitled to workers' compensation benefits, regardless of who caused it. Workers can recover medical benefits and partial lost wage benefits. It does not cover pain and suffering or any other non-economic damages.As with any other insurance claim, workers will have to file a claim with the insurer to request benefits. And as with any insurance claim, getting fair benefits is not a guarantee. Insurance companies may dispute the validity of an injury, argue that it is not work-related, or try to reduce the value of benefits. The Powell Law Firm PLLC protects Kentucky construction workers from these insurance tactics by building solid workers' compensation claims that prove entitlement to benefits.
Third Party Liability Claim
Injured construction workers generally may not file a liability claim against an employer, even if the employer was negligent and caused the injury. Workers' compensation provides benefits in place of filing a liability claim.But construction sites usually feature a lot of different sub-contractors, not to mention the site owner and other parties. If a party other than an employer is to blame for an accident, then injured workers may be eligible to file a third-party liability claim. Some of the parties that may be liable are:
- General and sub-contractors
- Independent contractors
- Other construction workers on site
- Property or site owners
- Manufacturers of the tools or equipment
- Other professionals connected with the project (e.g., architects, engineers)
A third-party claim is based on negligence. Proving a negligence requires you to prove four elements:
- Duty - Workers must prove the defendant owed them a duty of care. For example, contractors and property owners have a duty to provide reasonably safe working conditions.
- Breach of duty - Workers must establish negligence by showing that the defendant breached their duty. Failure to provide a reasonably safe working environment or failing to adhere to safety regulations are common forms of negligence.
- Causation - Workers must prove that the defendant's negligence caused their injuries.
- Damages - Lastly, workers must prove their injuries were the result of the workplace accident.