Have You Been Injured Due to Unsafe Conditions in the Workplace? What to Do Next
Feb 02, 2024
No matter where you work or your industry, there is always a risk of being injured in an accident caused by unsafe conditions in the workplace. And this risk seems to only be increasing. In 2022 alone, there were 2.8 million instances of nonfatal injuries and illnesses in the workplace — a 7.5% increase from 2021.
Regardless of how your workplace injury came about or who was at fault, you have rights. To take advantage of these rights, what you do after you are injured at work matters. Should you ever find yourself in the unfortunate position of suffering injuries at work, the following steps can help you effectively protect your rights and pursue justice.
Common Examples of Unsafe Conditions in the Workplace
Certain injuries are more likely to happen at work than others. Over 75% of all workplace injuries fall under these common categories:
Overexertion
You do not need to be out on the highway on a hot summer day to suffer an overexertion injury. Any time you push your body beyond its capabilities, you risk this type of harm. This could include lifting a heavy package with your back or performing the same motion, such as typing, for too long.
Exposure to Toxic Substances
Radiation, dangerous chemicals, and toxic fumes are just some of the environmental hazards you might encounter in your workplace. Your employer has a legal obligation to disclose substances that are known to be hazardous.
Falls
You might associate falls with the construction industry, which suffers a considerable number of fall-related accidents yearly. However, a slip and fall accident in the office can result in painful and debilitating harm as well. Nonfatal falls can lead to back and neck injuries, broken bones, and even traumatic brain injuries.
Preserving Evidence and Reporting the Injury
There is no time to waste following a workplace accident. It’s vital to seek medical attention as soon as you can for your injuries, but as you do, consider how you might preserve evidence regarding your accident as well. If you are able to do so, taking photographs of the accident scene before you go to the hospital can be helpful.
Try to find time to write down what happened that led to your accident. Depending on the severity of your injuries, your memory may not be as fresh if you try to remember details later. Remembering the names of any witnesses who observed the accident can also prove helpful when it comes time to seek damages.
In Wyoming, you must report your injury to your employer within 72 hours following your injury accident. Under ideal circumstances, you should do so orally before leaving for the hospital and again in writing as soon as possible. Failing to do so within this time can significantly and negatively impact your legal rights.
Understanding Your Rights After an Injury at Work
You have rights following a workplace injury, including the right to file a worker’s compensation claim and even a third-party injury claim.
Wyoming allows injured employees to file a worker’s compensation claim and recover compensation for their medical care and treatment. Depending on how long you are unable to work, you could recover a portion of your lost wages or long-term disability benefits.
A third-party claim is brought against someone other than your employer or a co-worker whose negligence led to your workplace injury. This type of claim can provide you with compensation above and beyond that which is available in a worker’s compensation claim.
For example, a third-party claim can lead to compensation for both your lost wages and other types of losses you suffered. Speaking with a workplace injury lawyer soon after your injury is the most efficient way to learn what rights you have and how to exercise them.
Pursuing Damages for Workplace Injuries
Once you understand the claims you can file, you will need to take action and file them. A third-party claim is typically filed in the county where your accident happened, while a worker’s compensation claim is filed with your employer’s insurer or the state.
In either case, you only have a limited amount of time to seek compensation, so retaining an experienced workplace injury lawyer is highly advisable.
Frequently Asked Questions Concerning Workplace Injuries
Do I Need to Report My Accident to My Employer?
In most cases, yes. In Wyoming, you only have 72 hours after your injury accident to report it to your employer. If you do not, you may be unable to file a worker’s compensation claim.
Can I File Both a Worker’s Compensation Claim and a Third-Party Claim?
It depends. If you suffer any injury at work, you are generally able to file a worker’s compensation claim no matter who is at fault. But if someone who does not work for your employer is responsible for the accident, you may also have a third-party claim.
What Is the Difference Between a Worker’s Compensation Claim and a Third-Party Claim?
Aside from the compensation available in each type of claim, another significant difference between the two is the necessity of proving fault.
You do not need to show anyone was at fault when filing a worker’s compensation claim, but you can only prevail in a third-party claim if you can demonstrate that another person was responsible for your accident.
Contact a Wyoming Workplace Injury Attorney Today
If you have been injured in a workplace accident in Wyoming, turn to the compassionate and experienced team at The Spence Law Firm. We have recovered over a billion dollars in compensation for our clients, and we don’t back down from any opponent — from insurance companies to the government.
Contact us today to learn how we can help you with your case.
Meet with us.
If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.