Keller Swan Injury Attorneys: Your Workers’ Comp Lawyers
After an on the job injury, filing a workers comp claim can be daunting. Injured workers are dealing with physical pain, financial stress and being unable to work. You may also be looking at a long recovery, switching jobs or not being able to do activities you loved. Keller Swan Injury Attorneys are here to help.
With decades of experience and a reputation for tough advocacy, Keller Swan Injury Attorneys get maximum results for clients injured on the job, whether through workers comp claims or lawsuits when necessary.
Why Keller Swan for your workers comp claim?
Keller Swan has a results driven reputation, with experienced attorneys who know what injured workers go through. With decades of combined experience, our team has gotten big settlements and awards against big insurance companies and corporations. Our focus on client satisfaction, combined with our resources and trial experience has made us national. Call us today and let us develop a plan for you.
Workers’ Comp Nationwide
Workers comp laws across the U.S. are designed to provide financial help to employees injured on the job, to cover medical bills, lost wages and other related expenses. Each state has slightly different requirements but workers comp is no-fault, meaning benefits are paid regardless of fault. But working with an experienced attorney can help you get the most benefits possible even if your employer or insurance company disputes your claim.
Eligibility for Workers Comp
While laws vary by state, common requirements are:
- Injury or illness occurred on the job: Your injury must have happened while doing job related duties. For example if you were injured while using work equipment, delivering supplies or traveling for business you’re likely eligible.
- Timely Reporting: Most states require you to report the injury to your employer within a certain time frame, usually 30 days.
Some circumstances like drug or alcohol use, involvement in criminal acts or intentional self harm may disqualify you from workers comp benefits. A Keller Swan attorney can help you determine your eligibility based on your state’s laws.
Recent Workers’ Comp Cases
In the past decade the U.S. has seen several big workers comp cases that have impacted employee rights and benefits:
- California Warehouse Workers Case (2018): Over $30 million was awarded to a group of warehouse workers exposed to toxic chemicals for years. The case emphasized the importance of safe working conditions and proper handling of hazardous materials.
- South Dakota Meatpacking Plant settlement (2021): After the COVID-19 pandemic several meatpacking employees who contracted the virus and suffered long term health effects filed for comp. The company eventually settled for millions in damages, highlighting workplace safety and pandemic protocols.
- Biggest 2023 Workers’ Comp Case in Texas: A Texas oil rig worker got a $15 million settlement after a catastrophic injury. The case highlighted the dangers of high risk jobs and employers’ responsibility to provide a safe work environment.
- High Risk Industry settlement (2024): A New York construction company was hit with one of the largest payouts in recent history for over $20 million. The case showed the importance of using properly maintained equipment and the consequences of employers not following safety rules.
Workplace Injuries and Illnesses
Workplace injuries come in many forms. Here are some common ones:
- Traumatic Brain Injuries: From falls, struck-by incidents or machinery accidents.
- Spinal Cord and Back Injuries: In manual labor jobs resulting in chronic pain or paralysis.
- Fractures and Broken Bones: From falls, heavy equipment accidents and vehicle collisions.
- Chemical Exposures: Prolonged exposure to hazardous substances resulting in respiratory issues, cancers or other chronic conditions.
Workers comp benefits can cover treatment and related expenses. At Keller Swan we know how to calculate future expenses so you get the most out of your claim so you don’t have to pay for work related injuries out of pocket.
How Do Workplace Injuries Happen?
Workplace accidents happen in all industries but some professions are riskier than others. Causes of workplace injuries are:
- Lack of Training or Supervision: Employees are not properly trained so accidents are more likely to happen.
- Failure to Follow Safety Protocols: Ignoring or skipping safety measures like wearing personal protective equipment.
- Equipment Failure: Machinery malfunctions can cause catastrophic injuries.
- Slip and Fall Accidents: Common in offices, construction sites and everywhere in between.
From minor to life changing accidents workplace hazards are everywhere. The team at Keller Swan can help you through the process no matter how you got injured.
What to Do If You Get Injured at Work
If you get injured at work follow these steps to protect your health and your rights:
- Get Medical Treatment: Your health is first. Get treatment right away.
- Report the Injury: Tell your employer as soon as possible even for minor injuries.
- Document the Scene: Take pictures and note anything that will help your case.
- Call an Attorney: Consult with a workers comp lawyer early to avoid complications.
Why Treatment and Returning to Work is Important
Getting medical treatment as soon as possible is key to documenting your injuries accurately, delays can make the insurance company downplay your claim. Follow your doctor’s advice closely; if you’re cleared to go back to work with modified duties make sure you do, if you refuse work without a valid reason you could jeopardize your claim.
Types of Workers Comp Benefits
Workers comp covers economic losses such as:
- Medical Bills: Surgery, physical therapy, prescription costs etc.
- Lost Wages: Reimbursement for time off work during your recovery.
- Job Retraining: If you need new skills because of your injury.
- Death Benefits: For families who have lost a loved one due to a work injury.
The benefits available vary by state and sometimes by the type of injury. Keller Swan will get you the compensation you need.
Workers Comp Benefits for Lost Wages
Workers comp offers several wage benefits to injured workers, usually a percentage of your income before the accident:
- Temporary Total Disability: Benefits if you can’t work at all while you recover.
- Temporary Partial Disability: Benefits if you go back to work with modified duties and earn less than you did before.
- Permanent Disability: For cases where an injury causes permanent impairment.
These benefits can help financially while you heal and adjust to any new limitations.
When Can I Sue for Workers Comp?
- Intentional Misconduct: If your employer created an unsafe condition that caused the injury.
- Lack of Coverage: If your employer doesn’t have workers comp insurance you may be able to sue for damages.
A lawsuit allows for broader recovery including non-economic damages like pain and suffering which are not available through workers comp. A Keller Swan attorney can help you understand your options.
Third Party Lawsuits for Workplace Injuries
If a third party (e.g. equipment manufacturer, contractor) contributed to your injury you may be able to file a third party claim. For example a construction worker injured by a defective scaffold could file a claim against the manufacturer. Third party claims allow for more recovery, including economic and non-economic damages. Keller Swan’s attorneys have experience in evaluating your case and pursuing third party claims when appropriate.
How a Workers Comp Lawyer Can Help You
Employers and insurance companies don’t always have your best interests in mind. Some employers will discourage you from filing a claim or deny legitimate injuries to save money. Insurance companies will also try to reduce the payout or deny coverage. A workers comp lawyer can help by:
- Building Your Case: Documenting your injuries and proving you’re eligible.
- Negotiating Fair Settlements: Getting your compensation to match your actual costs.
- Fighting for You in Court: If necessary we’ll take your case to trial.
Find a Workers Comp Lawyer Near You
Choosing a workers comp lawyer can be overwhelming but finding the right lawyer for you is important. Keller Swan recommends looking for a firm that:
- Has experience in workers comp or personal injury law.
- Has a good reputation and client reviews.
- Offers free consultations so you can understand your options.
With Keller Swan’s experience and results you can trust you’re getting expert and aggressive representation.
Keller Swan: Serving Injured Workers
Keller Swan Injury Attorneys have helped thousands of workers. get the benefits they’re entitled to. We know the workers’ comp system and the tricks insurance companies use to reduce payouts. From reviewing medical records to calculating the long term cost of your injuries our attorneys will build a strong case that fits your specific needs.
Contact Keller Swan Injury Attorneys Today
Workers comp claims can be complicated but you don’t have to go it alone. With Keller Swan Injury Attorneys on your side you can be sure you have experienced advocates fighting for you. Whether you have a simple injury or a complex case involving third party liability our team has the expertise and tenacity to get you the result you deserve.