Faulty equipment can be one of the most common workplace hazards. Even though employers have a legal responsibility for ensuring safe working conditions, faulty equipment often results in employee injuries. While most workplace injuries of this nature result from an accident involving improper use, this is not always the case. In fact, many companies will go to great lengths to ensure their equipment is in good working order and provides no unnecessary hazards to their employees, but accidents do happen. Let’s see worker’s compensation benefits for workplace injuries.
Equipment malfunctions can be caused by several different factors, including lack of maintenance, undiagnosed defects, or problems with manufacturing. Below is a breakdown of the different types of faulty equipment that employees are exposed to in their workplaces and worksites:
- Nail guns
- Forklifts
- Conveyor belts
- Manufacturing equipment
- Bladed tools, such as power saws
- Scaffolding
- Power presses
- Work vehicles
- Dump trucks
- Pressurized gas containers
- Ladders
- Power tools
When workers are injured by defective equipment, they could be eligible for workers’ compensation benefits and a third-party lawsuit. Depending on the circumstances, employers can be held liable for harm that results from faulty equipment.
Obtaining Compensation
In order for an injured worker to receive benefits under the workers’ compensation system, the injury resulting from work must be deemed “compensable.” That is, the type of work in which a worker was engaged at the time of their injury must have created a risk of harm that resulted in their work-related injury. If there is no reasonably expected risk of damage associated with the type of work in which a worker was engaged when they were injured—or it can objectively be shown that it is implausible that such risk could result in an injury—then an injured worker cannot recover benefits under workers’ compensation.
Types of workers’ comp benefits are based on each state’s guidelines and laws. Benefits may include medical care (physician, hospitalization), home care, funeral expenses, long-term care insurance, and unemployment benefits, and wages replacement if you lose your job due to injury or illness on the job. Workers also may be eligible for disability benefits if they’re considered disabled by a physical or mental impairment that prevents them from performing the substantial duties of an average person.
Workers’ Compensation for Medical Care
The medical care benefits are to pay for all reasonable and necessary medical treatment, professional services, equipment, and supplies rendered to you. Compensation can include chiropractors, physical therapy, and even mileage to and from appointments. The medical treatment schedule may set limits on the maximum allowable amount that will be paid for each medical type and facility. If your doctor or hospital charges more than the allowed amount, you must pay the excess yourself.
Workers’ Compensation for Disability
Limb amputation, spinal cord injuries, traumatic brain injury, and many more severe disabilities caused by on-the-job incidents can leave you disabled. You could be
- Temporary Total Disability is when your injuries are severe enough to miss work for a designated period but are expected to make a full recovery.
- Temporary Partial Disability is when an employee is still able to work but at a reduced capacity. For example, an injured worker may sit at a computer for four hours but has to take a break every hour.
- Permanent partial disability means your employee has suffered a permanent injury, but they will be able to return to work at total capacity.
- Permanent total disability is a much more severe injury or illness. Here, you can’t physically return the employee to work, even with extensive rehabilitation. It might mean that they have to be retrained for a new career.
Workers’ Compensation for Death and Funeral Services
When a covered employee dies, workers’ compensation can reimburse the deceased’s family and beneficiaries according to the death benefits limit, which is usually state-dependent. The insurance company can deny expenses if they find they’re extravagant or unnecessary.
How do attorneys help receive worker’s compensation?
Richmond Personal injury lawyer is specially trained to handle your injury compensation claim. We can help you with the following:
- File the Claim
When you file a claim for injuries, especially after a car accident, it can seem more complex than the process actually is. However, working with a lawyer can make it easier to get what you deserve. As your workers’ compensation attorney, we aim to make the filing of your case as smooth and stress-free as possible. This includes creating a list of all the information needed from you and requesting any documents that may pertain to your case from other third parties like doctors or employers.
2. Help when your claim is denied.
The process of pursuing a workers’ compensation claim with an insurance company can be intimidating, especially for those who have suffered the traumatic effects of a job-related injury. To help ease this burden, attorneys at Rein Goodwin are available to answer questions and fight for the benefits you deserve.
Taking on an insurance company, especially after a workplace injury, can be daunting. But don’t settle for less than the medical treatment and financial awards you deserve. There are many reasons why your employer’s insurance company might reject your claim in the weeks following a severe accident. While these explanations may be perfectly valid, they don’t have to stand between you and the coverage you need. Partnering with our experienced attorneys, you’ll receive the compensation you deserve for your injuries.
Hiring the proper legal representation can help make more sense of your situation, and they’ll walk you through all the crucial steps to ensure your compensation. You deserve help after an on-the-job injury or illness. Our attorneys have extensive experience and can help you obtain the benefits you need to get back to work—and stay working. We will also help you find quality medical care and make sure your medical bills are paid. We’re committed to providing compassionate and ethical legal assistance for individuals seeking compensation for their injuries and illnesses resulting from workplace incidents. No matter what kind of accident has happened, our law firm can bring you the justice you deserve.
