Causes of Workers’ Compensation Injuries

Workplace injuries can have serious implications, not only for the injured individual but also for the entire organization. While every job carries some level of risk, understanding and mitigating these risks is essential to maintaining a safe work environment.

When accidents happen, though, remember that workers who are injured on the job are entitled to compensation and that a free consultation with a workers’ compensation lawyer can help you understand your rights and maximize your benefits.

What Is Considered a Work-Related Injury?

A work-related injury is any physical or mental harm that an employee sustains as a direct result of their job duties or the work environment. These injuries can occur in various forms and can affect different parts of the body, depending on the nature of the work. Common examples of work-related injuries include sprains, strains, fractures, cuts, and repetitive strain injuries like carpal tunnel syndrome. In some cases, work-related injuries can also include more severe incidents, such as burns, chemical exposures, or injuries from machinery.

Work-related injuries are not limited to physical harm. Mental health issues, such as stress, anxiety, or depression, may also be considered work-related injuries if they are caused or worsened by workplace conditions. These can include excessive workloads, harassment, or a lack of support in the work environment.

For an injury to be classified as work-related, it must be directly connected to the tasks or responsibilities of the job. For example, if an employee slips and falls while on the job site, that would be considered a work-related injury. However, if an employee is injured while off-duty, engaging in personal activities unrelated to work, or behaving unprofessionally in a way that causes harm, it would usually not be classified as a work-related injury.

Prevalence of Workers’ Compensation Injuries in Texas

Workplace injuries are a significant concern across the United States, and Texas is no exception. Given the state’s large and diverse economy, which includes industries ranging from construction and manufacturing to oil and gas, the frequency and prevalence of workplace injuries remain noteworthy. In Texas, thousands of workers experience injuries on the job each year, highlighting the importance of safety measures in all work environments.

The construction industry, one of the largest in Texas, consistently sees higher rates of workplace injuries. This is largely due to the physically demanding and often hazardous nature of the work. Common injuries in this sector include falls from heights, equipment-related incidents, and overexertion. However, workplace injuries are not confined to high-risk industries. Even in office settings, employees may experience injuries related to repetitive motion, slip-and-falls, or ergonomic issues.

While Texas has made strides in improving workplace safety, the prevalence of injuries indicates that there is still work to be done.

Common Causes of Workers’ Compensation Injuries

Workers’ compensation is an essential safety net for employees who suffer injuries or illnesses as a result of their work. While every workplace strives to prevent accidents, they still happen, leading to claims that can be costly for both employers and employees.

Understanding the top causes of workers’ compensation injuries can help organizations focus their safety efforts where they are most needed. Here are the nine most common causes of workers’ compensation injuries:

• Overexertion. Overexertion is the leading cause of workers’ compensation claims and typically occurs when employees push, pull, lift, or carry objects beyond their physical limits. Some repetitive motion injuries also fall under this category, often resulting from tasks that involve constant, repetitive movements, such as typing or assembly line work.
• Slips, trips, and falls. Slips, trips, and falls are a significant source of workplace injuries and can happen anywhere. They are often caused by wet or uneven surfaces, poor lighting, loose mats, or cluttered walkways.
• Struck by objects. Injuries from being struck by objects occur when something falls from a height, is dropped, or is inadvertently kicked or pushed into someone. This is common in construction, warehousing, and manufacturing environments where materials or tools are frequently moved.
• Falls from heights. Falls from heights are particularly dangerous and often lead to severe injuries or fatalities. These incidents are common in construction and other industries where workers frequently operate on ladders, scaffolding, or rooftops.
• Vehicle-related accidents. Workers who drive as part of their jobs, such as delivery drivers, truckers, or construction workers, are at high risk of vehicle-related accidents. But even workers who don’t drive are at risk of being struck by a motor vehicle. People at work sites on or near busy roads or active work sites with many vehicles moving, backing up, or loading and unloading can all create the risk of workers being hit by a vehicle.
• Machinery-related injuries. Machinery-related injuries occur when workers are caught in, struck by, or crushed by moving machinery. These incidents are common in manufacturing, construction, and agricultural settings.
• Repetitive motion injuries. Repetitive motion injuries develop over time from performing the same movement repeatedly, such as typing, using a mouse, or operating machinery. These injuries can lead to conditions like carpal tunnel syndrome or tendonitis.
• Exposure to harmful substances. Exposure to harmful substances, including chemicals, asbestos, fumes, and other toxic materials, can lead to a range of illnesses and injuries. This is common in industries such as manufacturing, construction, and healthcare.
• Workplace violence. Workplace violence, including assaults by coworkers, customers, or even strangers, can lead to both physical and psychological injuries. This is particularly a concern in industries such as healthcare, retail, and law enforcement.

Different workplaces have different risks and hazards, but all injured workers are entitled to compensation if they have been injured on the job. If you have questions about your claim or your claim has been denied, speak with a qualified Texas workers’ compensation lawyer to understand your rights.

Preventing Workplace Injuries

Preventing workplace injuries is crucial for creating a safe, productive, and positive work environment. While every job carries some level of risk, many injuries can be avoided with the right precautions and a commitment to safety from both employers and employees. Here are some key strategies to help prevent workplace injuries:

• Provide regular safety training. Regular safety training is essential for keeping everyone informed about the risks associated with their work and the best practices for avoiding injuries. Training should cover everything from proper lifting techniques to the correct use of personal protective equipment (PPE) and how to safely operate machinery. Continuous education ensures that safety stays at the top of people’s minds.
• Maintain a clean and organized workspace. A clean, organized workspace is one of the simplest yet most effective ways to prevent injuries. Cluttered walkways, spills, and poorly stored materials can all lead to slips, trips, and falls. Encourage employees to keep their work areas tidy, promptly clean up spills, and store tools and materials safely.
• Implement ergonomic practices. Ergonomics plays a vital role in preventing repetitive strain injuries and musculoskeletal disorders. Teach employees how to stand, lift, and move in a safe and comfortable way. Ensure that workstations are set up to support good posture and provide adjustable chairs, desks, and equipment. Encourage employees to take regular breaks and vary their tasks to avoid repetitive motion injuries.
• Use personal protective equipment. PPE, such as gloves, safety glasses, helmets, and hearing protection, is critical in many work environments. Ensure that employees have access to the appropriate PPE for their tasks and that they understand how to use it properly. Regularly inspect PPE to ensure it remains in good condition.
• Foster a culture of safety. Promoting a culture of safety where employees feel empowered to report hazards and suggest improvements is key to preventing injuries. Encourage open communication, listen to employee concerns, and address safety issues promptly.

By taking these proactive steps, workplaces can significantly reduce the risk of injuries, creating a safer environment for everyone. If an employer does not create or support a safe work environment, consult OSHA guidelines to protect yourself.

What To Do After a Workers’ Compensation Injury

Experiencing a workplace injury can be a stressful and overwhelming event, but knowing the right steps to take afterward can help ensure a smooth recovery and protect your rights. Whether the injury is minor or severe, it’s important to act promptly and follow the correct procedures.

Seek Immediate Medical Attention

The first priority after any workplace injury is to seek medical attention, even if the injury seems minor. Prompt treatment can prevent the injury from worsening and help document its severity. If the injury is severe, emergency medical services should be contacted immediately. For less severe injuries, report to the nearest first aid station or visit a healthcare provider as soon as possible.

Report the Injury to Your Supervisor

After receiving initial medical care, the next step is to report the injury to your supervisor or employer. This should be done as soon as possible, ideally on the same day the injury occurs. Timely reporting is crucial for ensuring that your injury is documented and that you are eligible for workers’ compensation benefits; injuries not reported within 30 days may not be eligible for workers’ compensation. Provide a detailed account of the incident, including how, when, and where it happened.

Document the Incident

Accurate documentation of the injury and the circumstances surrounding it is essential. If possible, take photos of the injury, the location where it occurred, and any conditions that may have contributed to it. Keep a written record of any symptoms, medical visits, treatments, and conversations with your employer about the injury. This documentation can be vital if there are any disputes about your workers’ compensation claim.

Follow Medical Advice and Treatment Plans

It’s important to follow your healthcare provider’s advice and treatment plans closely. This includes attending all follow-up appointments, taking prescribed medications, and adhering to any work restrictions or accommodations recommended by your doctor. Doing so not only aids in your recovery but also demonstrates that you are taking your injury seriously.

File a Workers’ Compensation Claim

If your injury requires medical treatment or time off work, you should file a workers’ compensation claim. Your employer should provide you with the necessary forms and instructions for filing. Be sure to complete the paperwork accurately and submit it within the required timeframe to ensure that your claim is processed without delays. Texas has a one-year statute of limitations on workers’ compensation claims, so acting quickly is important.

Communicate with Your Employer

Stay in regular communication with your employer throughout the recovery process. Keep them informed about your progress, any changes in your condition, and when you might be able to return to work. Open communication helps ensure a smooth transition back to work and that any necessary accommodations are in place.

Taking these steps after a workplace injury helps ensure that you receive the care and support you need while protecting your rights as an employee.

The Workers’ Compensation Claims Process

After a workplace injury, your employer should provide you with the necessary information and procedure for filing your workers’ compensation claim with the Texas Department of Insurance. It is always a good idea to contact the TDI yourself to ensure that your claim has been filed in a timely manner and is being processed correctly. As your claim is being processed, it is important to continue to receive medical care and follow your doctor’s recommendations.

The Texas Department of Insurance will review your claim and determine whether you are eligible for benefits. If your claim is approved, you will receive compensation for the cost of medical care and treatments, replacement wages for time lost from work, and other benefits to help you recover.

Return to work only when it is medically safe to do so. Your doctor may recommend modifying your duties, reducing your hours, or using special assistive equipment. Your employer should support your return to work in a safe, healthy way.

When Do You Need a Workers’ Compensation Attorney?

Navigating the workers’ compensation system can be complex, and there are times when seeking the assistance of a workers’ compensation attorney may be beneficial. Understanding when to contact an attorney can help ensure you receive the support and benefits you’re entitled to. Here are some key situations when it’s wise to consider legal assistance:

• Claim denied or delayed. If your workers’ compensation claim is denied or if there are significant delays in processing, it may be time to consult an attorney. An experienced lawyer can help identify the reasons for the denial or delay and assist in addressing any issues with the insurance company or filing an appeal.
• Disputed benefits. Sometimes, insurance carriers dispute the extent of your injury or the amount of benefits you should receive. If you’re facing disagreements about your medical treatment, compensation for lost wages, or other benefits, an attorney can help negotiate with the insurance company to secure a fair settlement.
• Complex medical cases or fatalities. If your injury is severe or involves complex medical issues, having an attorney can be invaluable. They can help ensure that all your medical needs are adequately covered and that your claim accurately reflects the full extent of your injuries and necessary treatments. It is also best to have an experienced workers’ compensation attorney at your side if you have lost a family member or loved one due to a workplace injury.
• Workplace retaliation. If you face retaliation from your employer for filing a workers’ compensation claim, such as unfair treatment or job loss, contacting an attorney is crucial. They can help you address these issues and ensure your rights are upheld.

Reaching out to a workers’ compensation attorney when facing these challenges can provide you with expert guidance and support, helping you navigate the complexities of the claims process effectively. However, just as there are steps you can take to help strengthen your claim, there are certain actions you should avoid.

Mistakes to Avoid in Filing a Workers’ Compensation Claim

Filing a workers’ compensation claim is a critical process that requires attention to detail and adherence to specific procedures. Avoiding common mistakes can significantly impact the outcome of your claim and ensure you receive the benefits you deserve. Here are some key pitfalls to steer clear of:

Delaying Reporting the Injury

One of the most significant mistakes is failing to report your injury promptly. Most states have strict deadlines for reporting workplace injuries, and delays can jeopardize your claim. Report the incident to your employer as soon as possible, ideally within the timeframe specified by your state’s laws, which is often 30 days.

Failing to Seek Medical Attention

Neglecting to seek medical care can undermine your claim. Even if your injury seems minor, it’s essential to get a medical evaluation to document the extent of your injury. Medical records are crucial for proving the severity of your condition and linking it to your work-related incident.

Not Following Medical Advice

Ignoring your healthcare provider’s recommendations or failing to attend follow-up appointments can be detrimental to your claim. Consistently following medical advice and treatment plans demonstrates that you are taking your recovery seriously and can help avoid disputes over the necessity of your treatment.

Inaccurate or Incomplete Documentation

Ensure that all forms and documentation related to your claim are accurate and complete. Inaccurate or incomplete information can lead to delays or denials. Double-check that you have filled out all required forms correctly, and keep copies of everything you submit.

Discussing Your Case on Social Media

Be cautious about discussing your injury or claim on social media. Insurance companies and employers may monitor social media activity for evidence that could be used against your claim. Avoid posting anything that could be interpreted as contradicting your claim or indicating that you are not as injured as you claim to be.

Not Keeping Detailed Records

Maintain thorough records of all communications, medical treatments, and expenses related to your injury. This includes keeping receipts, appointment records, and notes from conversations with your employer or insurance company. Detailed records provide evidence to support your claim and ensure that all your expenses are accounted for.

Settling Too Quickly

If offered a settlement early in the process, resist the urge to accept it without consulting with a legal expert. Early settlements may not fully cover the long-term costs or future medical needs associated with your injury. Speak with a workers’ compensation attorney to evaluate whether the offer is fair and meets your needs.

Ignoring Legal Advice

Navigating the workers’ compensation system can be complex. Ignoring the advice of a knowledgeable workers’ compensation attorney can result in missed opportunities or errors in your claim. Consulting with an attorney can help you understand your rights, navigate the legal process, and enhance your chances of a successful outcome.

By avoiding these common mistakes, you can strengthen your workers’ compensation claim and increase your chances of receiving the benefits and support you need to recover fully.

Injured at Work? Aaron Allison Can Help

If you or a loved one have been injured at work and need help navigating a severe injury, a loved one’s disability or death, or are struggling with workers’ compensation denial, non-subscribing employers, or other challenges, the Law Offices of Aaron Allison can help.

Since 1978, our family-owned law firm has been fighting for the rights of workers, and we offer free consultations at no risk. Want to learn more? Call 512-474-8346 or contact us online today.