An injury on the job can be a scary thing. Your life, and limb may be in danger; you may be disfigured or have suffered some kind of mental or physical malady. When you are injured on the job it can be difficult to know what to do next. It is important that you know your rights after an accident or injury in the workplace.

Ultimately, if you are hurt at work you generally have the option to file a workers’ compensation claim. A workers’ compensation claim will usually end in one of two ways; either through a settlement or trial. A settlement is reached when the worker and employer/employee’s insurance company come to terms on the amount owed to the injured worker before any litigation is necessary.

The Process

However, there are times when an employer refuses to adequately compensate an employee for his loss and injury. It is then that trial becomes more likely. A trial will show the damages suffered by the injured worker and how those injuries have affected his life. Experts may be called in to address the type of equipment used by the employer, the methods used at work, any protocol they have, and industry standards widely accepted in the particular field. The employer can defend his practices, actions, or equipment by showing the injury was preexisting, that they followed the industry standard, or that it was the worker who was negligent, not the employee.

 Settlements

Recently a $1.1 million settlement was reached between a worker and their employer. The claim revolved around faulty respiratory equipment. The equipment exposed the worker to toxic paint fumes and caused a loss of oxygen to his brain. The worker had been painting the interior of an industrial tank and became unconscious due to the paint fumes and the faulty equipment.

The employer ultimately claimed that preexisting non-work related injuries were contributing factors to the collapse of the worker.

The worker lost some of his memory, concentration, and his ability to speak. Had the case gone to trial the worker’s attorney would have likely had a neurologist, neuropsychologist, industrial hygienist, and toxicologist testify as to the severity of the worker’s injuries and as to the cause of those injuries.

An Attorney Can Help You Today

Here, it is important to understand the necessity of having an experienced attorney who is committed to performing such actions at trial. A skilled attorney can help work to pursue a settlement, but remain prepared for a trial if necessary.

If you are injured, you want someone on your side who knows the applicable law, knows how to negotiate a settlement, and who will fight to ensure you receive the appropriate compensation for the harm you suffered. The workers compensation attorneys of The Law Offices of Steven M Krause PA will be there throughout the whole process to make sure you understand what is happening and your best interests are met.

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• 207 E. Calhoun St. Anderson, SC 29621
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Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.