Crush injuries occur when substantial pressure is placed on a part of the body. After sustaining crush injuries in an accident on the job, you may find it difficult to work while also facing substantial medical and rehabilitation bills. You may be able to recover benefits through a workers’ compensation claim. It is important to seek legal counsel. Van Sant Law may be able to help you. Our Atlanta crush injury lawyers are dedicated to protecting the safety of our clients, and we can sign up your case electronically without face-to-face interactions. However, we are also happy to visit you at your home if you prefer.Crush Injuries
Crush injuries may involve nerve injuries, infections, bleeding, bruising, fractures, or compartment syndrome. Immediately after the accident, emergency care should be sought. In some cases, a wound at the site of the crush injury becomes infected and requires additional treatment. Surgery may be appropriate. Unfortunately, crush injuries are common in many industries that involve heavy machinery, especially when that machinery is automated.Pursuing a Workers’ Compensation Claim
If you have suffered a crush injury on the job, you may be able to pursue benefits through the workers’ compensation system in Georgia. This is a no-fault system of benefits that is designed to provide medical reimbursement and partial wage replacement to injured workers. An employee is eligible as long as their employer has three or more employees. They have 30 days to notify their employer after the accident. You do not need to prove that your employer or a coworker was at fault for causing your injuries. The duration and scope of your benefits will depend on whether your injury is classified as a permanent or temporary disability, and whether it is total or partial. A crush injury attorney in Atlanta can help an injured worker present evidence to show the impact of their disability.
Some workers’ compensation claims are improperly denied by an insurer when the initial claim is filed. For example, an insurer might argue that an injury did not occur on the job. When this happens, a worker can appeal the denial of the claim and receive a hearing before an Administrative Law Judge at the State Board of Workers’ Compensation. They should make sure to retain an attorney to advocate for them at this hearing. If the injured worker does not receive a favorable decision at the administrative hearing, they can appeal this denial to a state court.Third-Party Claims
While workers’ compensation benefits can provide important financial assistance, they are not as extensive as compensation in a personal injury claim. Thus, you may want to pursue a third-party personal injury claim if someone other than your employer or coworker caused your injuries. This may be based on a theory of negligence or strict liability. You can hold another person or entity accountable under a theory of negligence if an Atlanta crush injury attorney can show that it is more likely than not that you were owed a duty of care by the defendant, the defendant departed from the duty of care, the departure caused your crush injuries, and you sustained damages as a result. Strict liability may be an appropriate theory when a worker was injured by a defective product. This involves showing that a product contained a defect that caused your injuries.
A key advantage of pursuing a personal injury claim is recovering non-economic damages, which are not available through workers’ compensation. These may include pain and suffering, loss of enjoyment of life, and other intangible harms.Retain a Work Injury Lawyer
If you sustained a crush injury in an accident on the job, you should discuss your situation with the seasoned work injury attorneys at Van Sant Law. Our firm is dedicated to seeking justice for those who have been injured. We represent people throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Contact us at 855-GA-INJURY or via our online form to speak to a crush injury lawyer in Atlanta or the surrounding areas.