What Should I Do If I’m Injured on the Job?
If you are injured while working, your first priority should be getting the medical attention you need and reporting the injury through the appropriate workplace process. What happens next can depend on how the injury occurred, the severity of your condition, and whether someone other than your employer may be responsible.
For many workplace injuries, workers’ compensation provides the primary avenue for medical care and other benefits. But some accidents involve additional parties whose negligence may give rise to a separate personal injury claim.
This distinction can be important when an injury is severe or permanently changes your life.
Should I Report My Workplace Injury?
Yes. You should report a workplace injury to your employer as soon as reasonably possible and follow the procedures your employer has established for reporting injuries.
Even when an injury initially seems manageable, symptoms can develop or become more serious over time. Creating a record of what happened and seeking appropriate medical attention can become important later when determining what benefits or other legal options may be available.
Does Workers’ Compensation Cover Every Workplace Injury?
Workers’ compensation is designed to provide benefits for employees who suffer work-related injuries, but receiving workers’ compensation does not necessarily answer every legal question surrounding a serious accident.
For example, another company, contractor, property owner, manufacturer, or other third party may have contributed to the accident. A defective product could also play a role.
When someone other than your employer may be responsible, there can potentially be a third-party personal injury claim in addition to workers’ compensation benefits.
Can I Sue Someone Other Than My Employer for a Work Injury?
Possibly. One of the most important questions after a serious workplace accident is whether a third party contributed to your injuries.
Consider a construction worker injured by defective equipment, an employee struck by a negligent driver, or a worker injured because of a dangerous condition on property controlled by another party. Depending on the circumstances, those situations may involve legal claims beyond workers’ compensation.
These cases can become complicated because responsibility may be divided among multiple people or companies. Identifying who was involved and what caused the accident can require a detailed investigation.
What If My Workplace Injury Was Caused by Defective Equipment?
A defective machine, tool, vehicle component, or other product can create potential product liability issues when it causes a serious injury.
The nature of the defect matters. A product may have been improperly designed, manufactured with a defect, or sold without adequate warnings or instructions.
Preserving the equipment and other evidence from the accident can therefore be important. An attorney can investigate how the product was designed and used, whether similar problems have occurred, and who may potentially be responsible for the resulting injuries.
What If I Was Injured by Another Driver While Working?
Employees who drive as part of their jobs can face another layer of risk when they are involved in a collision.
A crash caused by another driver's negligence may create a personal injury claim against the at-fault driver or other responsible parties. Commercial vehicles can also raise additional questions involving the driver's employer, the trucking company, insurance coverage, or other entities.
The fact that an accident happened while you were working does not automatically eliminate other potential claims. The circumstances of the collision need to be examined individually.
What Happens If My Injury Is Serious or Permanent?
A severe workplace injury can affect far more than your ability to work in the immediate aftermath of an accident. Medical treatment, rehabilitation, lost income, reduced earning capacity, and permanent changes to your daily life can all become part of the picture.
Serious injuries may include traumatic brain injuries, spinal cord injuries, amputations, severe burns, and other conditions resulting in permanent disability.
When an injury has long-term consequences, it is important to understand all potentially available sources of compensation rather than assuming that one benefit or insurance claim tells the entire story.
What If My Employer Says the Accident Was My Fault?
An employer, insurer, or another party may question how an accident happened or whether an injured worker contributed to it. That does not necessarily resolve the legal issues surrounding the injury.
The facts matter. Witness accounts, photographs, medical records, workplace records, equipment, safety procedures, and other evidence can help establish what happened.
If you suffered a serious injury, it can be useful to have the circumstances reviewed before accepting someone else's version of events as the final word.
How Long Do I Have to Pursue a Claim for a Workplace Injury in Utah?
There can be strict deadlines affecting workers’ compensation benefits and personal injury claims in Utah. The applicable deadline can depend on the type of claim, who is responsible, and the circumstances of the injury.
Because missing a deadline can affect your ability to pursue a claim, it is important not to assume that you have unlimited time to decide what to do.
If your workplace injury was serious, getting legal advice early can help you understand which deadlines may apply to your situation.
Do I Need a Personal Injury Lawyer for a Workplace Injury?
Not every workplace injury requires a personal injury lawsuit. But when an accident results in severe injuries, permanent disability, or wrongful death, determining whether a third party may be legally responsible can become especially important.
Cutt, Kendell & Olson focuses exclusively on severe injury and wrongful death cases. Since 2000, the firm has recovered more than $950 million through verdicts, settlements, and arbitration awards.
The firm's attorneys investigate the circumstances surrounding serious accidents and work to identify all potentially responsible parties and sources of compensation.
What Should I Do If I’m Unsure Whether I Have a Case?
You do not have to determine on your own whether your workplace injury involves a potential personal injury claim. The circumstances surrounding an accident can raise legal issues that are not immediately apparent to an injured worker or family member.
If you or someone you love suffered a serious injury on the job, Cutt, Kendell & Olson can review the circumstances and explain your potential options.
Call Cutt, Kendell & Olson at (801) 901-3470 or contact the firm online to schedule a free, no-obligation consultation with a Salt Lake City personal injury attorney.