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What is a Work Injury Lawyer?

Article Details
  • Written By: Felicia Dye
  • Edited By: Heather Bailey
  • Last Modified Date: 13 November 2018
  • Copyright Protected:
    2003-2018
    Conjecture Corporation
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Employers have an obligation to provide a safe work environment. Employees have the right to work in an environment where they are not exposed to unnecessary risks or hazards. However, it is common for employees to be injured in the course of their duties. When this happens, a work injury lawyer is commonly used to represent the injured parties.

The cases that a work injury lawyer handles are generally civil cases. Work injury attorneys are generally personal injury attorneys. At some point in their studies or careers, these individuals decided to specialize in work accidents and injuries. Their goals are generally to secure compensation for those hurt in the course of their duties.

Examples of cases a work injury attorney may pursue include instances where machinery is not properly maintained and results in the injury of a person. Some cases involve harm that is less obviously connected with work. For example, a person may develop breathing difficulty from chemicals used in the workplace.

A work injury lawyer is often referred to as a worker’s compensation attorney. Worker’s compensation is a remedy made available to some people who are harmed in the course of their work. Some jurisdictions require employers with a certain number of employees to have worker’s compensation insurance. Clients of work injury attorneys commonly have the aim of obtaining worker’s compensation.

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The laws regarding worker’s compensation may not be consistent from one place to another. These laws and the related litigation process are often complex. A work injury lawyer usually has in-depth knowledge of work injury law and worker’s compensation procedures within a jurisdiction, such as a state. Although another type of attorney could handle a work injury case, this specialized knowledge and experience is the primary reason that people who are hurt on the job prefer a work injury attorney.

The role of the work injury lawyer is to successfully argue that, in such cases, the employers erred or were negligent. The attorney may first have to prove that the injuries a person claims to have indeed exist. Afterward, the attorney may have to prove beyond a reasonable doubt that those injuries were caused due to negligence of the employer. Once this is done, the attorney will likely begin a battle for compensation.

A work injury lawyer may charge fees that are paid to him directly by his clients. However, work injury attorneys tend to get significant portions of their income from the settlements they win for their clients. Generally, if a client is awarded damages for her injuries, the attorney will get a portion. These attorneys also commonly get a significant portion of their income from the employers, who when found at fault, are often required to pay the injured party’s attorney fees.

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