By adminPosted on November 21, 2018
With an Injury at Work, What Kind of Lawyer Will You Need? – If you have a serious injury at work, you may need to consult a lawyer. But what kind of lawyer will you need? These are the possibilities:
First, most injuries at work are covered by workers’ compensation insurance. Therefore, one should consider consulting a lawyer who specializes in that area. Most lawyers in this area of the law will give you a free consultation so you can consider your options. There are specific time limits and evidence requirements that this type of lawyer will know. You should be able find one who is highly rated in your area.
Second, a serious injury at work could affect your employment rights. You may have issues involving the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (FMLA), your labor union, and other employment matters. These type of employment issues may require you to consult an employment lawyer. The workers’ compensation lawyer may cover this area but often they only cover their specific areas. Moreover, employment issues have different timelines than workers’ compensation issues; therefore, for a serious issue it pays to consult a specialist in this area.
Third, a serious injury may cause disability. This may require you to apply for benefits under a short term disability (STD) policy, a long term disability (LTD), and Social Security. It may be possible that either the workers’ compensation lawyer or the employment lawyer covers this area but more likely you may have to consult a lawyer who specializes in disability. The first place to look is a place called National Organization of Social Security Claimant’s’ Representatives (NOSSCR). They will have listings of lawyers in your areas.
Fourth, in some cases, the injury was due to a defective machine. If so, this requires another type of lawyer. This would necessitate a personal injury lawyer who specializes in product liability law. So, you cannot just consult any personal injury lawyer, you would need a product liability lawyer. Often, if you already have a lawyer for your other work injury issues, that attorney can refer you to the lawyer you will need. This type of case raises a special issue which is evidence preservation. If you are claiming your serious injury was due to a defective machine or product then this machine or product must be “preserved” in order for an expert to evaluate it for its defect.