Bismarck Workplace Injury Lawyers
Protecting the rights of workers injured on the job throughout North Dakota
Getting seriously injured at work can cause significant financial, physical, and emotional hardship. If the injury you sustained was caused by a negligent third-party (i.e. not your employer or a co-worker), because of a defective tool or piece of equipment, in a transportation accident caused by another negligent party, you may be able to recover compensation for your injuries.
At the Larson Law Firm P.C., our experienced Bismarck workplace injury lawyers are here to protect your right to recover full compensation when you have been injured on the job. Schedule a free consultation to discuss your case today.
Workplace injury statistics
According to the National Safety Council (NSC), about every seven seconds a worker in the United States is injured on the job. This works out to about 12,300 injuries per day and 4.5 million each year.
The top three workplace injuries that result in lost work days include:
- Overexertion (34% of injuries)
- Contact with objects and equipment (25% of injuries)
- Slips, trips, and falls (25% of injuries)
The top 5 occupations with the largest number of workplace injuries resulting in days away from work include:
- Service workers (including fire fighters and law enforcement)
- Transportation and shipping
- Installation, maintenance, and repair
The top ten most frequently cited OSHA standards (Occupational Safety and Health Administration) standards violated in FY 2018. OSHA violations are typically levied after an incident resulting in workplace injuries:
- Fall protection, construction
- Hazard communication standard, general industry
- Scaffolding, general requirements, construction
- Respiratory protection, general industry
- Control of hazardous energy (lockout/tagout), general industry
- Ladders, construction
- Powered industrial trucks, general industry
- Fall Protection–Training Requirements
- Machinery and Machine Guarding, general requirements
- Eye and Face Protection
Common examples of workplace injuries
Depending on the type of work and the various industries in Bismarck and throughout North Dakota such as construction, farming, oil and gas, and working on the railroads, there are countless types of possible injuries that could occur some of which include:
- Broken bones
- Rashes, skin conditions
- Repetitive stress injuries
- Respiratory conditions
- Electrical shock
- Eye injuries
- Hearing loss, hearing impairment
- Back and neck injuries
- Traumatic brain injury
- Burn injuries
- Amputation/limb loss
- Internal organ damage
Who can I sue after a workplace injury?
The worker’s compensation system is a no-fault program that was put in place as a bit of a compromise between employers and employees. Employers would pay for insurance that would cover employees who got injured at work in exchange for not having to defend lawsuits every time a worker got injured on the job. Employees would have access to a partial wage-replacement benefit and coverage for their medical expenses without having to sue their employer to get it. Because of this arrangement, workers are generally not permitted to sue their employers for workplace injuries except for the following types of cases:
- If the injury was caused by intentional harm by your employer such as an overt act of violence.
- If your employer did not have enough workers’ compensation coverage, or if they had no coverage at all
You can, however, sue other parties related to causing your workplace injury in a third-party personal injury claim.
Third-party personal injury claims
In cases where neither your employer nor his or her negligence was not at issue in causing your injury, you may be able to file a third-party personal injury lawsuit. The following are a few examples of cases of workplace injury that might give rise to a third-party lawsuit:
- If your workplace injury was caused by a defective tool or piece of equipment, you may be able to sue the product manufacturer
- If someone else, a third party who is not your employer or a coworker caused your injury, you may be able to file a lawsuit against them
- If your injury was a result of exposure to toxic chemicals, you may be able to sue the manufacturer
One of the benefits of a third-party personal injury lawsuit is that if your case is successful, you would typically recover far more than you would receive in workers’ compensation benefits. Also, a third-party claim includes compensation for pain and suffering, which worker’s compensation does not include.
How much does it cost to hire a Bismarck workplace injury lawyer?
If you have been injured at work while performing regular work duties and you are interested in pursuing compensation, you are probably getting advice from the people around you telling you to hire a lawyer. If you are concerned that you will not be able to afford to hire a lawyer, there is good news. We take cases on contingency. This means that you do not pay attorney fees upfront. Rather, you do not pay attorney fees until we have recovered compensation for you.
Our attorney fees are a percentage of the total settlement amount or verdict. We also advance the additional costs related to the case, which will get paid at the close of the case. With a contingency fee arrangement, you never have to worry about how you will be able to afford to hire a lawyer to represent you after a workplace injury. You can relax and focus on getting better so that you can get back to work, while we take on the legal burden and pursue the maximum compensation available for you.
How much is my workplace injury case worth?
Every workplace injury case is different, but the amount that you might recover in an injury case is generally based on several factors such as the seriousness of the injury, how much pain you are dealing with, whether the effects of the injury will be permanent, whether you will be able to return to doing the same work you did prior to the injury, whether you will be able to do any kind of work after the injury. Additional factors include the amount of your medical bills, and how much time and benefits you have lost at work.
Until your injury resolves or reaches what is referred to as maximum medical improvem