Legal options after a workplace accident

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Generally speaking, when you get hurt because of someone else’s actions, you have the right to take legal action to recover damages. However, this doesn’t necessarily apply if you get hurt at work. 

can you sue your employer for injury

Workers’ Compensation Versus Lawsuits

Can you sue your employer for injury? If you are covered under the employer’s workers’ compensation insurance policy, the answer is usually no. Workers’ compensation is a no-fault system, which means that if you get hurt on the job, your employer automatically has to compensate you for your injuries regardless of who is at fault. 

This is a mutually beneficial system. If you had to go to court to prove your employer was at fault, you would have to wait a long time to find out whether you were getting paid and how much, and if the jury decided against you, you would not get any compensation at all. This way, you have an idea of how much compensation you deserve and can receive it in a timely manner, while your employer avoids the time and expense of putting up a defense in court. 

Third-Party Lawsuit

Depending on the circumstances under which your injury occurred, it may be possible to file a third-party lawsuit. This becomes a possibility if you have a work-related injury to which someone outside the company contributed in some way. For example, if you were driving for work and got into a car accident with someone else, it may be possible to sue the person responsible for damages from the car accident while still receiving workers’ compensation for the work injury from your employer. 

In practice, the workers’ compensation system doesn’t always work out the way it is supposed to. Employers and insurance companies may deny claims or not pay you all the compensation that you deserve. Your employer may even attempt to retaliate against you, i.e., punish you in some way for filing a compensation claim. In situations such as these, it may be possible to file a lawsuit against your employer. 

The Benefits of a Personal Injury Lawyer

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It’s no secret that car accidents can be disorienting for everyone involved. Rationality can go by the wayside when something so critical occurs. While expenses and compensation may not be on a person’s mind right after an accident, these factors will likely become relevant soon after. This is where a personal injury lawyer can be helpful.

personal injury attorney honolulu hi


When a person is deemed to be at fault in an accident, his or her insurance company will probably have to handle the case. Representatives know how to barter for lower compensation, as they deal with these types of issues on a regular basis. However, a personal injury lawyer also knows how to negotiate. When a lawyer files the claim on the offendee’s behalf, he or she can use reason and logic to get the right settlement.


On top of the emotional burden of having been in a car accident, filing a personal injury claim can be an arduous ordeal that feels like it will never end. A personal injury lawyer can walk his or her client through the process and scrutinize all available options. After weighing the severity of the accident, the lawyer can provide guidance on what the best measures are.


Car accidents can be complicated, and in many cases, an argument can be made that both parties were at fault. No matter how clearcut the case is, if the offender has a lawyer and the offendee does not, the playing field will be uneven. The person who deserves compensation the most will be outnumbered in a courtroom. A personal injury attorney Honolulu HI can equalize the situation and ensure that the offendee is heard.

A personal injury lawyer is trained to manage difficult situations and help clients get over their hurdles. When medical bills are paid, damages are covered and the offender is held accountable, it can be easier to move on.

Tips to Take Legal Measures Properly After an Accident

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Car accidents are the roughest ride one can get if God forbid they take place. The injuries taking place after an accident get even more overwhelming when emotions go into turmoil. Millions of car accidents occur all over the world. Fortuitously, in these accidents, most of the damage goes on the property instead of the owner. But in some unfortunate circumstances, the damage also goes onto the person resulting in various injuries. Injuries may be minor or fatal, and in cases of a miracle, the driver may even come out unscathed.

This article will talk about the legal measures that one should be aware of if an accident occurs. These tips are essential to remember as they include legal procedures one must follow to avoid unfavorable circumstances. Whether you are involved in the accident or a standing witness, these tips will help you in both cases. It is better to shield yourself and your welfares than be aloof and walk away as you can get charged as an offender. 

Taking legal measures will protect your rights and interests and will also be favored by the law. They’re vital to avoid any other mishap or fine charged intentionally or unintentionally taking an illegal step. It will save you from much trouble regarding the police, the insurance company, and the law.

If someone hits your car, you can file a case against them to get your damage rightfully fixed. But for that, you must take legal measures to ensure that everything is under legal prosecutions and the law favors it. Contacting the police, the paramedics, and staying till they arrive are some of the necessary parts one must play.

Lawyers play a massive role in helping you to cover the indemnities by presenting your case in the best way possible. After an accident, always hire a car accident lawyer as the lawyer will help you win your case and get the benefits. A lawyer won’t charge you for his services until and unless he wins the case. It is a win-win situation, as you won’t be going through further financial damages that may be caused by an accident. Your insurance company will cover vehicle damages, medical bills, and other important details if you win the case. 

Legal Measures to Take After an Accident Occurs

Rights Protection

It is one of the most vital steps to take after an accident takes place. Hire a lawyer to strengthen your case and protect your best interests, which insurance companies usually don’t have for you. It is better to consult your lawyer before giving any statements to your insurance company. As insurance companies want statements soon after the accident, it is better to wait for your lawyer’s order. Otherwise, you may get ripped off your money by insurance companies who don’t have your best interests at heart.


Never drive away from an accident scene, be it a major or minor. The law will take you as a guilty offender and charge you for it. Always stay till the paramedics or the police have arrived. It will stop the problems from arising if you don’t leave the place; otherwise, the law will hold you guilty. Avoid unfavorable consequences by remaining there till the police arrive. 

Guard the Scene 

When an accident occurs, use flashers or flashlight to guard yourself while waiting for the police to arrive. Stay inside your car at all costs to prevent further damage to take place.

Call the Cops

Whether there are severe fatal injuries involved or not, it is always better to call the police. Even when there are no injuries, you will need a police report to register an assertion with your insurance company. This way, your vehicle’s damage would be under coverage, and you won’t have to sweat. The police must also report and file the incident as it complements the law and gives concrete proofs and evidence.

Capture Snapshots

It is essential to take snapshots of proof of the accident, damage, and injuries caused by it. But do not interfere when the police are investigating. Take photos only when possible at the scene; otherwise, you must take them right after the accident. 

Give-and-take Information  

You must take the name, phone number, and address of everyone involved in the accident if the cops aren’t responding. Don’t forget to bring insurance information from them and the information of those who witness the accident. Collecting information about witnesses will help you and your lawyer later on.

Seek Medical Attention As Soon As Possible  

Whether you have any visible injuries or not, call the paramedics as soon as possible. When the police interrogate you about injuries, do not say that you are not injured when you aren’t sure. Sometimes aches etc. come up after a few hours or a day later. Even minor injuries that you feel aren’t that significant must be treated to prevent any further harm. 

Document and File the Accident

It is necessary to keep a file of your documents connected to the accident. The information that must be present in these files are; 

  • Names and contacts of everyone attending or involved.
  • Claim number and assertion’s adjuster managing the claims.
  • Rental car receipts.
  • Medical bills and other expenditures utilized during the accident’s procedures. 

Exact Record of the Incident

State everything that you know that happened at the accident scene to the investigators. Suppose you aren’t sure of telling them that you don’t make assumptions or speculate the facts. Include those statements too of the people who witnessed the accident.

Conclusion Getting involved in an accident or witnessing it takes a hard toll on anyone’s mental peace. The lengthy procedures and going back and forth from the police station to the hospital etc. gets tough. Not only that, but you also have to bear the expenses that come up unless you are insured. But to keep yourself on the safe side and ensure that you win your case, you must hire a lawyer. Besides that, you must also practice these legal measures to protect yourself from disparaging situations. Drive safe and protect yourself.

5 Common Workplace Injuries Due Compensation

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In spite of the precautions you may take, you could happen to get injured while at work. Due to state and federal regulations, most employers carry workers compensation insurance, but it can be difficult getting the compensation and benefits you are entitled too. If you find that you aren’t getting the assistance you need, consider calling a workers compensation attorney Oregon companies are familiar with. With legal help, you stand a better chance against your company. Here are some of the injuries you may experience at work that might be eligible for compensation.

Vehicle Accidents

Believe it or not, motor vehicle accidents are a common claim on workers comp plans. Those who drive for work could be exposed to faulty automotive equipment, other drivers on the road, or poor driving conditions. These all increase the risk of a collision with injuries.

Slips and Trips

The working conditions around may leave you susceptible to slips and trips. Whether it be from a wet or oily surface, tangled cords, or scattered debris, falling could create back injuries, sprains, or concussions.


In the construction industry, falls are the leading cause of death among workers. Falls could occur off ladders, roofs, platforms, scaffolding, or stairs.

Sprains and Strains

Workers who are constantly pushing, carrying, throwing, lifting, or pulling have a greater risk of sprains and strains. This category is considered the most common of job-related injuries. They aren’t always a single-occurrence claim though, as with slipping and falling. Years of strenuous activity could lead up to overexertion that creates chronic back or joint pain.

Hit by Objects

In warehousing spaces, being hit by a falling object is a common occurrence. Shelving units are often stacked high, and when trying to store or remove an item, it may shift and fall. Swinging pieces of equipment or machinery could hit an individual, causing blunt-force trauma.  Head injuries are the most commonly reported from falling objects.

Workplace safety should be your number one priority. If you get injured while on the job, report it to your supervisor immediately.

Tips for Documenting a Workplace Injury

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No one goes to work in the morning thinking they will sustain a serious injury in a workplace accident, but these situations do happen. One thing your workers compensation attorney Salem Oregon may ask you to do is to document everything related to the workplace accident, the medical care you receive, and your recovery process. Here are some helpful tips for effectively compiling this documentation.

Formally Notify Your Employer

Following the workplace accident, you may let your employer know about what happened and that you need to see a doctor. Although this is a good place to start, you also need to notify your employer about what happened in writing as soon as you are able. Save a copy of this letter for yourself and keep it with your records. This way, your employer is less likely to dispute the fact that you let him or her know about the accident.

Compile Medical Records

In the days, weeks, and months following your workplace injury, you may see a doctor multiple times. Every time you go for an appointment, ask your treating physician to provide you with a formal report. You should keep these reports with your records as well as copies of any bills for medical treatment and prescriptions you received.

Take Notes

Keep a daily journal covering your recovery progress. Detail your current symptoms, what you were able to accomplish, and what measures you take to move forward. You should also write down if and when you are able to get back to work, how much work you missed, and how much pay you missed out on due to the accident and the recovery process. Additionally, take note of any time you speak with the opposing insurance company. Write down what was discussed, any settlement options, and the plan to proceed following every phone call.

How to Charge for Damage from a Traffic Accident

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After a traffic accident, people are often lost and scared. They usually forget about some important information. If a crash happened, but not with your fault, and if you do not have serious injuries, a car accident attorney in New Jersey suggests you to start a procedure to get compensation for your losses immediately.

Get the Evidence of the Accident

First of all, it’s good to know that, from the moment of the damage (immediately after the car crash occurred), you have several choices. The easiest one for both sides is to agree without any involvement of the police.

If you wish to get a charge from the insurance company (but only to the amount specified by the policy), you must fill the insurance claim on the spot. Police and ambulance are not needed, although you might have trouble with proving damage.

Learn here how to collect the proof of damage, just in case the insurance company asks for them:

If it is a severe traffic accident, you must call the police and, if necessary, emergency. Both services will do the investigation and thus provide evidence. After a few days, you will receive a police record, after which you have to contact the insurer’s home of the culprit.

If you suffered serious injuries, you’d wait for a medical report too. Make sure that doctors identify each of your injuries, with the emphasis on mental issues. You have the right to ask for compensation for the fear, which people often ignore in such cases.

Dealing with Insurance Companies

Insurance companies are obliged to cover the damage their clients made. However, if they would pay any requested sum, they would have gone bankrupt. Their goal is that you, as the claimant, agree to the compensation they offer. And they will do everything they can to achieve this, so prepare well if you want to persist in order to get fair payment.

The procedure for the receipt of your request (which contains the proposal for remuneration) and the delivery of evidence must be carried out. After that, insurance companies have a certain deadline to pay the requested sum or to give a reason why they denied doing that. In that case, the injured party has the right to start legal action, or in layman’s term, to file a lawsuit.

Types of Car Crash Compensation

If you choose to charge your losses all by yourself, insurance companies will usually give you money barely to cover the costs of ‘real’ damages – material damage. However, if you hire a legal expert for car crash cases, you can get a lot more than you asked for.

Medical Costs

Regardless of the severity of the injury and the length of the healing process, each victim has the right to get coverage of all medical costs. And let’s be honest, the medical treatment and medications are expensive.

Of course, the priority is to heal all the wounds and recover; make sure to carry out all the necessary examinations and therapies. Doctors will keep a proper record of all costs, and you will have evidence for the insurance company.

Pain and Suffering

Insurance houses often ignore this item, as it can significantly affect the amount of compensation (how it’s calculated, check on this source). Each court will consider the decline in quality of life as a result of a car crash, and especially if some mental conditions, like anxiety, happen after the accident. Be sure to ask for an expert opinion and proof for your ruined health.

Lost Wages

If you have suffered physical and mental pain after a car crash, your working ability can be reduced. You can’t go to work and ensure your existence. If you manage to prove that injuries prevent you from earning money for a normal life, you have all the right on adequate compensation, which is based on your current earnings and every lost opportunity to earn more. Although road safety is at a very high level, traffic accidents still occur and often have fatal consequences. That is why all motor vehicles have mandatory insurance, so it can cover any possible damage related to the car crash. Starting the process of charging the damage can be exhausted, but that’s least you should get.

What To Do if You Are Injured in the Workplace in Iowa

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While working hard for you and your family, accidents can happen. No matter whose fault, you should receive some form of compensation to keep the bills paid while you recover. How should you go about it?

What Should You Do First?

Obviously, the very first action you should take if you are injured on the job is to seek medical attention. If it’s a health problem that has slowly manifested over time from exposure to harmful chemical or biological substances, go to a doctor as soon as you are aware. Keep records of all medical advice and visits. You can report the incident to your employer within 30 days, and they will most likely have you fill out a claim. Be sure to keep records of all forms and correspondence.

What Are You Owed?

According to iowa workers compensation law, you should be paid 2/3 of what you would have been paid on the job during your absence. However, your employer may withhold compensation if drugs or alcohol were in your system during the time of the incident. You should also be aware that you cannot claim state disability if you are receiving workers compensation.

Should You Go To Court?

This is typically not necessary, but if your injury is the direct result of your employers’ recklessness, intentional actions, negligence or defective equipment you may have cause to sue. You may also wish to hire a lawyer if your claim is denied or ignored, you are not receiving payments or the rate is incorrect. You can also pursue legal action if you do not believe you received adequate medical attention.

The average blue collar employee cannot afford to go without a paycheck for any substantial period of time, let alone foot expensive medical bills. It is an employers responsibility to protect their workers’ well-being by providing compensation for injuries that happen on the job.