From slipping on the wet bathroom floor to getting hurt from faulty equipment, workplace injuries are common. Statistics from a report by the Bureau of Labor Statistics showed a total of 2.9 million work related injuries were reported in 2016. And nearly one-third of those injured were temporarily out of work as a result.
Work injuries may leave you with a financial and physical burden. that’s why it’s important to know what type of workers compensation you are entitled to, and the grounds for taking legal action in the event of a work-related injury.
Common Questions About Work Injuries
I’ve Suffered an Injury at Work. What’s Next?
In the event of an injury, it’s important to report the injury to your supervisor or employer immediately and seek medical attention. The injured worker must file a claim with their employer to determine compensation for their injury. And reporting claims pertaining to workplace injuries should be done within thirty days but the statute of limitations can expand to as long as 12 years in some cases.
Making an injury claim and seeking medical attention are the first steps towards receiving compensation for injuries.
What Type of Compensation Can I Get for My Injury?
Worker’s compensation eases the physical and financial burden that comes with medical expenses, lost income, and injury rehabilitation. According to the State of Wisconsin’s Department of Workforce Development, workers that sustain physical and mental harm, accidental injury and occupational disease are covered under Wisconsin law.
Who Is Entitled to Worker’s Compensation?
All workers are entitled to worker’s compensation for injuries that occur on the job, when going to and from work using company property, from traffic accidents, and for injuries that occur on company property. However, not everyone has the right to workman’s compensation.
Employers with less than three employees, sole proprietors/contracted workers, and farm workers who are employed for less than 20 days out of the month are often not covered by workman’s compensation. It’s vital to understand the type of compensation you are entitled to and whether or not you need to seek legal action.
Prepare yourself for action by learning the three times to hire a personal injury lawyer.
What Are the Grounds for Legal Action in the Event of an Injury?
Wisconsin Law prohibits workers from suing their employer for work injuries. Injured employees can seek legal action against the responsible party when the injury stems from either equipment malfunction or the carelessness of a third party, however. That entails product liability or negligence.
Product (Strict) Liability
According to the Wisconsin State Statute 895.047, an injured employee can sue if the injured party can prove the following :
- The product was defective.
- The defect existed at the time of the incident.
- The product was considered dangerous.
- There was no substantial change in the condition since it was sold.
- The defect was the cause of the incident.
Negligence cases hold a third-party responsible for injury or death as a result of carelessness. Examples of carelessness include improper instruction or use of equipment, poor working conditions, and disobeying safety procedures. If an employee is injured and can prove that someone else’s negligence was the cause, the employee can sue.
Protect Your Rights
Can you sue a third-party for damages? for those injured at work, the answer isn’t always clear. If you are unsure if you need to seek legal action for a personal injury (like a work injury), contact Gebhard Law for consultation.