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4 Reasons to Talk to a Work-Related Injury Attorney

When you suffer a work-related injury, attorney advice will undoubtedly include picking up the phone and calling a lawyer. Many workers, unwilling to be the squeaky wheel or to test their employer’s commitment to their workers, often go along with however the company wants to handle the incident, especially if the injury seems too insignificant at the time to bother “making a big deal” out of it.

 

 

When is the right time to talk to a work-related injury attorney?

 

 

  1. Before Too Much Time Has Passed

Depending on where you live, your window of opportunity to file for worker’s compensation is fairly narrow. By the time you realize that you’re getting the runaround, that your employer isn’t going to cover your expenses, or that your injury is more serious than you first thought, your chance to get what you deserve could be gone.

 

 

  1. When You Need an Advocate

Your employer’s insurance company generally isn’t interested in your welfare — it’s interested in paying out as little as possible. Sure, you may like your colleagues and your boss, but these are separate and distinct from the company’s lawyers and insurance policies. You need a work-related injury attorney who is looking out for your interests and who knows the intricacies of workers’ comp law inside and out. This way, you can concentrate on healing while we do the legwork.

 

 

  1. When Your Expenses Are Mounting

When you’re hurt, everything can become a blur. Weeks go by before you know it, the medical bills start coming in, and you’re unsure who’s supposed to pay them. Worse, you may discover that your regular doctor doesn’t handle work-related injuries and the doctors who do are swamped. One small mistake in a test or billing can send you back to square one. Meanwhile, you aren’t getting a paycheck. A work-related injury attorney can help you make sense of the confusion.

 

 

  1. When Your Employer Says It’s Your Fault

Ideally, you want a work-related injury attorney on your side as soon as possible after an incident occurs. They will advise you on what to do in the event your employer tries to pin liability on you and therefore, refuses to pay.

 

 

Don’t wait for the chips to fall where they may. Call one of our work-related injury attorneys now — sooner rather than later.

A Quick Guide on Avoiding Construction Accidents

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Accidents happen, even if you think you’ve taken every precaution. Avoiding construction accidents should be everyone’s top priority, from the boss right on down to the newest member of the crew. This should also be a goal for people who don’t work the concrete ribbons or the big steel, but encounter a construction site while going about their everyday business.

 

 

What the Company Can Do

  • Provide effective training.
  • Provide adequate safety equipment and establish a no-exceptions rule to using it.
  • Perform regular inspections/reviews of the site, equipment, maintenance records, and employee procedures.
  • Equip all hazardous tools with appropriate safety guards.
  • Provide safe, dry, and secure areas for equipment storage and maintenance.
  • Adhere to local, state, and national safety regulations.

 

What the Crew Can Do

  • When pulled off a job to participate in a training exercise, don’t complain—give the new procedure or refresher your full attention.
  • Avoiding construction accidents means not using a piece of equipment on which you haven’t received training.
  • Crew members who are sick should stay home or perform only low-risk tasks if taking any medications that make them sleepy or dizzy.
  • If a work area needs guardrails, hand holds, non-slip surfaces to walk on, or barriers to reroute traffic, workers should inform supervisors of the situation.
  • Be aware of the hazards of working on or around dangerous areas such as raised scaffolding, open trenches, and machinery with exposed moving parts.
  • Watch not only your own back, but keep an eye out for your coworkers as well.

 

What the General Public Can Do

  • Speed limits are often lowered in road construction zones. Avoiding construction accidents means staying within the posted speed limit and keeping an eye out for workers who often must do their jobs a few feet or less from lanes of moving traffic.
  • Whether driving or walking, respect temporary barriers that have been set up to protect not only the construction workers, but you as well. Don’t be “that guy” who was too impatient to take an alternate route to your destination.

 

Avoiding construction accidents takes a combined effort. Call us if someone dropped the ball and you wound up hurt.

When to Reach Out to a Work-Related Injury Attorney

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Question: Do you need to hire a work-related injury attorney as soon as you’ve had a mishap on the job? Answer: It depends.

 

 

In cases like the following, you don’t need an attorney to navigate through the workers’ comp system:

  • It’s indisputable that the mishap occurred on company property (or on a job site) while you were performing work-related tasks.
  • The injury was minor—a bruise, sprain, or cut that needed a couple of stitches.
  • You didn’t need to take time off to recover.
  • No pre-existing illness contributed to the accident.

 

Even if you don’t wind up needing a work-related injury attorney, it won’t hurt to schedule a quick, often free consultation to ensure you’re not overlooking anything. Then, if you decide later you need representation, you already have a relationship established.

 

How do you know when you need to call in the troops? Here are a few red flags:

  • You’ve done everything you’re supposed to do (and hit all the deadlines), yet your claim is denied. Or your settlement is so slow to arrive, you wind up in collections due to unpaid medical bills.
  • Your claim successfully worked its way through the system, but the compensation doesn’t cover your bills or lost income.
  • You’re doing so poorly you can’t return to your previous work, and you’re also unable to work at any other job due to your injury.
  • You were fired because you got injured and filed a legitimate claim.
  • A third party contributed to the occurrence and/or severity of your injuries, such as faulty equipment or a worker from another company.
  • The government (through Social Security) grabs a big chunk of your settlement because it wasn’t worded properly.

 

When you’re hurt on the job, there’s no time to waste—call for a free consultation with a work-related injury attorney!

A San Antonio Work Injury Attorney Cares About Your Accident

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You get along well with everyone at work, from your colleagues to your boss, and his or her boss. So well, in fact, you may be reluctant to file a report when you get hurt on the job. You don’t want to cause trouble for the people you like, and that’s admirable. That would also be a mistake—just ask any competent San Antonio work injury attorney.

 

 

 

 

Workers’ compensation laws were enacted for your protection, and to make sure employers can’t wiggle out of paying up when they’ve failed to provide adequate preventive training and workplace safety measures. Sure, your boss may like you personally and be satisfied with your job performance. Once you file an injury claim, however, you’ll find out who your real friends are on the job.

 

Even if you trust your employer to do right by you, it makes sense to be aware of what you need to do and your deadlines in order to cover your legal bases. That’s why there’s no better protector to have on your side than a qualified San Antonio work injury attorney.

 

What should you do when you’ve suffered a work-related injury?

 

• Report the incident. In most if not all incidents, you have a very narrow window of time to report your injury. So even if your back strain or twisted ankle seems minor, don’t wait to report it to your boss and/or human resources department. A delay could end up hurting you more.

 

• Check the bureau of workers’ compensation website for your state. While each state is slightly different, the website should have the proper procedures and forms listed.

 

• Retain a San Antonio work injury attorney. If all the procedures, forms, and rules seem overwhelming—and they probably will—don’t wait to contact a San Antonio work injury lawyer to not only guide you through the process, but relieve you of some of the burden so you can concentrate on getting well and getting back to work.

 

Need a San Antonio work injury attorney? Pat Maloney has some of the best. Contact us today!

Recover from Your Burns with a San Antonio Work Injury Lawyer

Out of all the wounds a San Antonio work injury lawyer sees from day to day, burns are among the most painful to witness.

 

 

 

 

The ways you can be burned on the job are wide and varied:

 

• Thermal (heat). This is the type most people think of when they hear the word “burn.” Some industrial environments require workers to be in close proximity to flames, steam, hot metal or other objects, or heated liquids.

• Cold. When workers are chronically exposed to cold, wet, and/or sub-freezing temperatures on a job site, the resulting frostbite is classified as a burn.

• Electrical. Indoor workers who come in contact with electrical wiring or outdoor workers who are exposed to lightning can get electrocution burns.

• Chemical. Among the most horrendous and damaging burns, chemical burns can quickly penetrate all layers of the skin, or work slowly and insidiously while the employee works to contain a spill before taking the time to rinse off a substance.

• Radiation. Outdoor workers exposed to the sun or medical workers exposed to x-rays can incur radiation burns. (Yes, sunburn is classified as a radiation burn.)

• Friction. Also commonly referred to as “road rash,” a friction burn is a combination of a scrape and a heat burn generated from sliding across a solid object or coming in contact with a moving object such as an assembly line belt.

 

As with any work-related injury, make sure you are seen by a doctor as soon as possible, even if the burn seems minor. In general, a minor burn may hurt more than a burn that has penetrated so many layers of skin it may have killed the nerves that send pain signals to the brain.

 

Proper treatment for a burn is imperative. Without it, scar tissue can form during the weeks and months following the incident. Depending on its location, scar tissue can interfere with joint movement, crack and become ulcerated, and—at the very least—be unpleasant to look at.

 

Be an active participant in your recovery by following your doctor’s instructions to the letter, and contact a San Antonio work injury lawyer to ensure you receive full and fair compensation.

What Evidence Does a San Antonio Workplace Injury Lawyer Need?

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Gathering evidence for a San Antonio workplace injury lawyer to evaluate can be a delicate process. The company against which you’re gathering proof of your injury likely has you under a microscope, and while you’re building a claim, chances are good they’re also quietly organizing to defeat it. Or, at least, to pay out as little as possible.

 

 

 

What does a San Antonio workplace injury lawyer need to know to properly evaluate your case?

 

Where and When it Happened

Where were you and what were you doing at the time the injury occurred? Was it on company property or while engaging in company business elsewhere, but on company time? Even if it took place at a company-related recreational activity like a holiday party or picnic, it could qualify as a workplace injury. A San Antonio workplace injury lawyer will know what state laws apply to your case.

 

It will help to have photographs of the injury and where it occurred to document dangerous conditions such as a wet floor or an unsafe working environment.

 

Your Employment Status

Do you have a formal, signed employment contract? Or were you informally hired to do some temporary work on a cash-only basis? Were you driving a company truck or using your own vehicle and equipment? Without a signed document stating you are definitely employed by that company, they could claim you are a temporary contractor and, therefore, not qualified to receive compensation for a workplace injury.

 

Injury Documentation

Did you seek treatment right away? You will need proof in the form of medical records and doctor notes. Also, you will need to have notified your employer of the incident within a specific Workers’ Compensation Act deadline.

 

Witnesses

If there are any witnesses to your workplace injury, they could be valuable in proving your case. “Witnesses” include anyone who saw your accident when it happened and medical professionals who saw you after the fact.

 

For more expert advice, schedule a free consultation with an experienced San Antonio workplace injury lawyer at the Law Offices of Pat Maloney.

Fight Back with a Work-Related Injury Attorney, Pat Maloney San Antonio Law Offices.

Do you have a good relationship with your employer? Good for you. But when you get hurt on the job, you’d best hire a work-related injury attorney, because there’s no guarantee your loyalty to the company will be reciprocated. Once you file a legitimate claim, the insurance company takes over—and it gets down to the business of getting away with paying as little as possible for your compensation.

They’re very good at it. But with the right work-related injury attorney, you can fight back.

Report the Incident

One of the first questions a work-related injury attorney may ask you is if you formally reported the incident to your employer. Hopefully you kept a copy of all written communications (forms, emails, etc.) and made a note of any in-person or phone conversations regarding the incident.

One of the biggest mistakes many victims make is taking a wait-and-see approach, hoping the injury or illness is minor and will go away. No harm, no foul. By the time you realize you have a serious issue (deadlines can sometimes be as little as 24 hours), your employer can all too easily deny that your injury occurred at work and refuse to pay for medical treatment or compensation for lost wages.

Provide Witnesses

Next, your work-related injury attorney may ask if any of your co-workers witnessed the incident that caused your injury. Witnesses are your best insurance against your employer claiming the accident never happened, or that it didn’t happen during work hours.

Sweat the Details

Your work-related injury attorney will want to know every detail of the incident. Did it take place during your lunch break? If you left company property to eat instead of dining in the employee break room, the company may not be required to provide compensation. An injury incurred during a work-sponsored event, however, means your employer is responsible for providing benefits even if the event wasn’t on company property.

Were you injured at work? Let us help guide you through the complicated process of getting proper compensation. Contact us today.

What to Do If Your Workplace Injury Claim is Denied

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From your point of view, the outcome of your workplace injury claim should be a no-brainer. You were at work. You were injured while performing your job duties. It sounds like an open-and-shut case.

 

Not so fast. Insurers are going to be looking for any tiny loophole they can find to find a reason to deny your workplace injury claim. Here are a few common mistakes that can trip you up:

 

  • You waited too long to notify your supervisor
    Depending on what state you’re in, you might have as little as four days to tell your supervisor in writing about what happened.
  • You waited too long to file a claim
    Again, depending on what state in which you’re employed, you could have only 30 days or up to 90 days to file a formal workplace injury claim.
  • The company you work for refutes your claim
    Your boss may argue that you’re trying to push the expense of an off-hours injury onto the company, or claim that you must not have been following procedure correctly.
  • You didn’t go to the doctor
    Maybe at the time, the injury didn’t seem severe enough to need a doctor’s attention, but it later became an issue that affected your ability to do your job.

 

What to Do Now

Once you’ve received a letter denying your workplace injury claim, the best thing to do is not panic. Read the letter several times, to make sure you have all the information you need – particularly if there is a deadline to file an appeal.

 

Second, make an appointment with your employer or its insurance representative to make sure the denial isn’t due to some simple clerical error or misunderstanding.

 

Third, take your case to a qualified attorney, who will be familiar with the many processes your workplace injury claim appeal will have to navigate in order to get the outcome and compensation you deserve.

 

Need advice about your workplace injury claim? Call us for an evaluation.

Work Related Injury Attorney Lists Most Common Injuries

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Any experienced work injury lawyer can easily rattle off the most common types. A work-related injury can happen in any kind of job – not just those involving hard physical labor – but it’s no surprise that some professions carry more risk of bodily harm than others.

Do you need a work injury lawyer? Call Pat Maloney today!

A few examples of injuries that a work injury lawyer see most often include:

 

  • Falls
    One of the most common types of workplace injuries, a fall can happen on flat level ground that’s slippery, or from a height such as those encountered by construction workers.
  • Slipping/Tripping
    Even when a slip or a trip doesn’t result in a fall, the gyrations a body goes through to avoid hitting the ground can itself cause injury to joints, muscles, neck and spine, or cuts and bruises.
  • Physical stress and strain
    Heavy and prolonged pulling, pushing, throwing, lifting, and carrying are considered by many researchers to be the number one cause of workplace injury.
  • Machinery accidents
    Workplace injury lawyers often see workers who have had accidents with all kinds of machinery – construction machines and tools, manufacturing lines in a factory, or vehicles.
  • Workplace violence
    Unfortunately, anyone from an office worker to an oil rigger can encounter workplace violence. Conflicts can arise anywhere, anytime, and can abruptly escalate into physical violence—a disagreement over parking space, jealousy over a co-worker’s promotion, or frustration when a worker consistently misplaces others’ tools.

 

Training = Prevention

Time after time, workplace injury lawyers discover that if a company had properly trained its workers, injuries could have been prevented. For example, on-the-job violence can be averted by teaching conflict resolution and keeping lines of communication open. Ergonomic techniques and tools can prevent repetitive stress and strain. Enforcing a policy that requires workers to keep their work areas clean and tidy can prevent all kinds of falls, collisions, and falling object injuries.

 

Need a work injury lawyer? We have the training and experience to handle your case. Contact us today!

What Happens When You Hire a Texas Construction Accident Attorney?

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Construction accidents happen in the blink of an eye, but then, without a Texas construction accident attorney on your side, time seems to slow to a crawl as everyone from your employer’s insurance company to worker’s comp to even the medical establishment seem to drag their feet.

Meanwhile, you and your family are going without a paycheck.

Here’s what happens when you hire a Texas construction accident attorney:

  • The sooner after an accident you hire a lawyer, the more likely it is you’ll navigate the system more quickly and without mistakes that can cost time and money.
  • A lawyer can help you cut through mountains of paperwork and act as your advocate with your insurance company, your employer, and the worker’s comp system to get you the compensation you need as fast as possible.
  • An attorney will know all the ways you can receive compensation for expenses incurred from your injuries, including medical expenses, lost income, and the estimated cost of future treatment, therapy, and negative impact on your future earning potential.

When should you contact a Texas construction accident attorney?

Ideally, no more than one or two weeks after the accident occurred.

What happens after you make the initial phone call?

You will schedule an initial consultation, which is usually free. Remember to bring a few things with you to streamline the process and help the attorney determine the validity of your claims, such as:

  • A copy of the contract you signed when you were hired.
  • Pictures of the scene of the accident. Provide the exact address.
  • Pictures of your injuries, even if they aren’t immediately visible. Photograph where it hurts, and take more pictures hours and even days later, as some bruises and swelling may take time to appear.
  • Copies of medical records, doctor’s notes, names and contact information of all the doctors who examined you, x-rays and their associated reports.
  • A calendar marking the days you’ve missed from work since the accident.
  • Names and addresses of witnesses

Need to schedule a consultation with a Texas construction accident attorney? Call us and set up an appointment. We’ll give you a complete list of items to bring with you to our initial meeting.