Workers sustaining injuries or death by accident arising out of employment may be entitled to significant monetary compensation including in part medical expenses, lost wages, temporary or permanent disability, and retraining. There are various laws dealing with state and federal employees. Each state has its own law providing workers' compensation laws and administrating agencies. Available benefits vary with each jurisdiction, and may be industry specific. There are separate workers' compensation laws covering federal government employees, railroad, civil servants, military personnel, and shipyard and maritime workers. It is generally not necessary that the injuries were caused by negligence. It is important that the injured worker immediately notify their employer. Despite years of being a good and dedicated employee, the employer or their insurance carrier may contest any claim, and/or try to unfairly reduce employee benefits. An employee is generally not entitled to sue their employer, but there are exceptions. Importantly, employees injured on the job may have significant claims against third parties that caused their injuries. For example, a driver of a vehicle injured on the job may be able to sue the third party driver who caused the accident. In addition, a worker injured by defective machinery, may have a valid product liability claim.

Legal claims involving work related accidents can involve complex legal and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

• When, where, and how did the accident occur?

• Were there any witnesses to the accident?

• Were any photographs or videos taken of the accident, the accident scene, or the injuries?

• Did the accident occur during the scope of employment?

• Did the accident involve an actual injury "by accident" or an occupational disease?

• Is the injured person eligible for state or federal workers compensation benefits?

• Is the worker entitled some special legislative benefits due to the type of work or industry?

• Was the accident timely reported to a supervisor?

• Was the report written or verbal?

• Was the employee directed to appropriate health care?

• Is the employee a member of a union?

• Did the employee properly file for benefits?

• Did the accident involve a third party?

• Did the accident involve a defective machine?

• Did the accident involve a toxic or hazardous material?

• What is the employers or insurance company's history in dealing with employee injuries?

• Was the accident investigated by a government agency?

• What are the nature and extent of injuries?

• Was there a permanent injury?

• Has a doctor given the injured worker a disability rating?

• Is the employee eligible for retraining?

It is usually important that the accident be evaluated by an experienced legal team. Complex legal and safety issues may be involved. If you, a friend, or loved one are injured by a job related accident, you should take immediate steps to protect your or their interest. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to job related accidents. You can call us seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.