Workplace Accident FAQs

1. My spouse was killed on the job. Is that a workers' compensation claim or a wrongful death?

‍This situation would likely fall under workers' compensation laws, as the benefits paid would be from the workers' compensation insurance afforded by your spouses’ employer.

‍2. What should I do if I suffer a workplace injury?

Those who suffer work related injuries should report them as soon as possible to their employer using the proper forms. A physician should also investigate work-related injuries. Evidence of work related injuries allow the victim to qualify for workers' compensation and associated benefits. In addition, you may wish to pursue your legal rights with an experienced workplace injury attorney at The Oshman Firm.

‍3. Are there any laws governing work injuries?

Workers' Compensation law provides benefits to workers' who are injured on the job or who suffer an occupational disease arising out of and in the course of employment. The problem with Workers' Compensation benefits is that the compensation is often not sufficient to address the extent of the injuries. In this situation, an attorney can advise you on how to obtain the compensation you need to cover your medical costs. Contact The Oshman Firm to discuss your case.

‍4. What benefits am I entitled to under Workers' Compensation law?

‍The benefits under Workers' Compensation include weekly payments based on a percentage of the employee's average weekly wage. These payments cover temporary total disability, partial disability, permanent and total disability, and permanent loss of function and disfigurement. Other benefits include:

• Medical bills
• Vocational rehabilitation/training
• Death benefits
• Lost wages

‍5. What is a third party lawsuit?

‍Third-party lawsuits involve another party, other than the employer. For example, if you are injured by a saw, there may be a product liability case against the manufacturer of the saw. In addition, if a worker was injured on a construction site, another contractor could be liable. These cases require immediate attention and expertise of an attorney because the responsible third party is often difficult to locate and the evidence may need to be preserved. Contact The Oshman Firm to discuss your case.

‍6. What is repetitive stress injury?

‍Repetitive stress injury is the name given to a group of conditions that are caused when too much stress is placed on a joint. Repetitive stress injury happens when the same action is performed repeatedly. Performing the same action over and over can cause pain and swelling in the muscles and tendons. The two most common types of repetitive stress injury are tendonitis and bursitis.

‍7. Do I need an attorney to represent me if I am injured on the job?

You have the right to be represented by an attorney of your choice concerning your work-related injury. Your attorney will assist you in seeing that your benefits are properly protected. Your employer or your employer's insurance company will be advised and represented by individuals experienced in Workplace Injuries cases. You should have an attorney experienced in handling Workplace Injuries representing you as well.

‍8. How am I paid when temporarily unable to return to work?

If you are temporarily totally disabled, without interruption for more than seven days from an on the job injury, weekly benefits should be paid to you at the rate of 66 2/3 percent of your average weekly wage.

‍9. What are the most common work injuries claims?

Some of the most common work injuries involve:

• Employee death
• Head injury
• Brain injury
• Skin disease
• Neck Injuries
• Carpal Tunnel Syndrome
• Spinal cord injuries
• Back injuries
• Lung disorders
• Asbestos
• Lung Cancer
• Mesothelioma