Smith Duran LawSmith Duran Law2026-06-01T14:22:56Zhttps://www.smithduranlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504087/2024/06/cropped-duran-logo-small-icon-32x32.pngOn Behalf of Smith Duran Law<![CDATA[Work-Related Personal Injuries: How to Determine if You Can Sue Your Employer]]>https://www.smithduranlaw.com/?p=461492024-06-26T14:33:53Z2023-07-20T07:00:00Zmedical benefits and wage replacement benefits for injured employees, there are instances when it might not be enough to cover all the damages. In such cases, you may wonder if you have the right to sue your employer. This article will delve into the factors that determine whether you can sue your employer for a work-related personal injury, focusing on the legal landscape in Washington.
I. Understanding Workers’ Compensation:
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. In Washington, employers are required to carry workers’ compensation insurance to cover their employees in case of accidents on the job. When an employee is injured, workers’ compensation typically provides medical treatment, temporary disability benefits, permanent disability benefits, and vocational rehabilitation, if necessary.
II. Exclusive Remedy Rule:
The exclusive remedy rule is a critical aspect of workers’ compensation laws. It states that in most cases, workers’ compensation benefits are the sole remedy available to an injured worker against their employer. This means that in exchange for receiving workers’ compensation benefits, the employee gives up the right to sue their employer for additional damages, including pain and suffering. The exclusive remedy provision is designed to protect employers from costly lawsuits while ensuring that injured employees receive timely and essential benefits.
III. Exceptions to the Exclusive Remedy Rule:
Despite the exclusive remedy rule, there are certain situations where an employee may have grounds to sue their employer outside the workers’ compensation system. These exceptions are rare but essential to understand if you believe your case might fall under one of these categories:
Intentional Tort: If your employer intentionally caused your injury or engaged in conduct with the knowledge that it was substantially certain to cause harm, you may be able to pursue a personal injury lawsuit. Proving an intentional tort can be challenging, as it requires evidence of the employer’s intent to harm or knowledge of the dangerous situation.
Third-Party Liability: If a third party, such as a contractor, subcontractor, defective equipment, or equipment manufacturer, caused your injury while you were on the job, you might have a valid third-party claim against that party. This is not a claim against your employer, but a separate legal action against the responsible third party.
Lack of Workers’ Compensation Insurance by the Employer: In Washington, if your employer does not carry the necessary workers’ compensation insurance, you may be able to sue them in civil court for damages.
IV. Negligence and Gross Negligence:
For work-related personal injury lawsuits to be successful, the injured employee must demonstrate that the employer’s negligence or gross negligence caused the accident. Negligence refers to the failure to take reasonable care to prevent foreseeable harm to employees. Gross negligence, on the other hand, is a more severe form of negligence characterized by a reckless disregard for employee safety.
V. Employer’s Duty of Care:
Employers have a legal duty to provide a safe work environment and take reasonable steps to prevent workplace injuries. This includes adhering to safety regulations, providing adequate training, maintaining equipment, and implementing safety protocols. If an employer breaches this duty of care and it leads to an employee’s injury, they may be held liable in court.
VI. Statute of Limitations for Workers’ Compensation Claims:
In Washington, the statute of limitations for a workers’ compensation claim is one year from when the injury happened. This means that injured employees must file their claim within one year of the accident to be eligible for workers’ compensation benefits.
VII. Personal Injury Statute of Limitations:
Apart from workers’ compensation claims, if you are considering suing your employer for a work-related personal injury, you should be aware of the personal injury statute of limitations in Washington State. For personal injury claims, including those against employers for negligence or gross negligence, the statute of limitations is typically three years from the date of the injury. This means that you must initiate legal proceedings within three years of the accident to pursue a personal injury claim.
VIII. Seeking Legal Counsel:
Determining whether you have grounds to sue your employer for a work-related personal injury can be complex. Consulting with a reputable and knowledgeable personal injury attorney is crucial to understanding your rights, assessing your case, and exploring potential legal options. An experienced attorney will evaluate the circumstances of your injury, gather evidence, and navigate the legal process on your behalf.
Contact Smith Duran Law Today for a Free Consultation About Your Work Injury Case
If you’ve been injured at work or suffered a personal injury in Washington State, Smith Duran Law is here to fight for your rights. Our experienced team of dedicated attorneys understands the complexities of workplace injury cases and personal injury claims, and we are committed to helping you seek the justice and compensation you deserve.
With a deep understanding of the local legal landscape and a track record of successful outcomes, Smith Duran Law is the trusted ally you need in your corner. We will tirelessly advocate for your best interests, whether it’s negotiating fair workers’ compensation benefits or pursuing a personal injury lawsuit against a negligent employer.
Your well-being is our top priority, and we believe that everyone deserves access to top-notch legal representation. At Smith Duran Law, we offer personalized attention and compassionate support throughout every step of your legal journey. Don’t wait to assert your rights and secure the compensation you are entitled to. Contact us today for a free consultation, and let us help you discover justice.]]>On Behalf of Smith Duran Law<![CDATA[Industrial Workplace Injuries and Workers’ Compensation: Know Your Rights]]>https://www.smithduranlaw.com/?p=461522024-06-26T14:34:00Z2023-06-22T07:00:00Zworkers’ compensation system, and the claim process becomes crucial. This article aims to shed light on industrial workplace injuries and the importance of knowing your rights when seeking compensation. As a leading legal firm in Rochester, WA, Smith Duran Law is dedicated to helping individuals navigate the complexities of workers’ compensation cases, ensuring they receive the support they deserve.
I. Understanding Industrial Workplace Injuries:
Common Types of Industrial Workplace Injuries:
Falls and Trips: Due to uneven surfaces, slippery floors, or a lack of proper safety equipment
Machinery Accidents: Personal injuries caused by defective machinery, inadequate training, or a lack of safety precautions
Repetitive Strain Injuries: Conditions resulting from repeated motions or poor ergonomics, such as carpal tunnel syndrome or back pain
Chemical Exposure: Harmful substances, including toxins and hazardous chemicals, lead to long-term health issues
Burns and Explosions: Injuries from fires, explosions, or chemical reactions
Overexertion: Strains, sprains, or other injuries due to excessive physical effort or lifting heavy objects
Impact of Industrial Workplace Injuries:
Physical and Emotional Toll: Industrial injuries can range from minor cuts and bruises to severe disabilities, causing pain, suffering, and emotional distress.
Financial Consequences: Medical expenses, rehabilitation costs, lost wages, and reduced earning capacity can pose significant financial burdens.
Long-term Consequences: Some injuries may have long-term effects, impacting the quality of life and future employment opportunities.
II. Workers’ Compensation: An Overview:
Purpose of Workers’ Compensation:
1. Providing Medical Benefits: Covers necessary medical treatments, including hospital visits, surgeries, medications, and rehabilitation.
2. Wage Replacement: Compensation for lost wages during the recovery period or in the case of temporary or permanent disabilities.
3. Vocational Rehabilitation: Assists injured workers in returning to work or transitioning to alternative employment if necessary.
Your Rights under Workers’ Compensation:
Timely Reporting: It is crucial to report your workplace injury promptly to your employer and seek medical attention as required.
Medical Treatment: You have the right to receive necessary medical treatment for your workplace injury.
Wage Replacement: If your injury prevents you from working, you are entitled to wage replacement benefits.
Appeals Process: If you receive a denied claim, you have the right to appeal the decision and seek legal representation.
III. Workplace Injury Statute of Limitations in Washington State:
1. Time Limit for Filing a Claim: In Washington State, the statute of limitations for filing a workers’ compensation claim is generally one year from the date of the injury or the date you became aware of the occupational disease.
2. Exceptions to the Time Limit: Some exceptions may extend the filing period, such as cases involving occupational diseases with long latency periods or injuries caused by employer misconduct.
3. Importance of Timely Filing: Failing to file a claim within the statute of limitations may result in a loss of your right to seek workers’ compensation benefits.
Important Takeaway:
Industrial work injury claims can have a profound impact on your life, physically, emotionally, and financially. Understanding your rights under workers’ compensation is essential for obtaining the support you need during the recovery process. Additionally, being aware of the statute of limitations for filing a claim in Washington State is crucial to protecting your rights. Smith Duran Law in Rochester, WA, is dedicated to helping injured workers navigate the complexities of workers’ compensation cases, providing expert guidance, and ensuring their rights are protected. By seeking legal assistance, you can maximize your chances of receiving fair compensation and regain control of your life after an industrial workplace injury.
Contact Smith Duran Law Today to Schedule a Free Consultation About Your Workplace Injury Case
Are you a victim of an industrial workplace injury in Washington? Don’t let the burden of medical expenses and lost wages weigh you down. Smith Duran Law is here to provide the legal support you need to navigate the complex world of workers’ compensation.
With a team of experienced attorneys specializing in workers’ compensation cases, Smith Duran Law is committed to protecting your rights and maximizing your compensation. We understand the physical, emotional, and financial toll that industrial injuries can have on your life. That’s why we’re dedicated to helping you secure the benefits you deserve.
Our attorneys will guide you through every step of the process, from filing your claim to handling appeals if necessary. We offer free initial consultations to evaluate your case and provide personalized advice tailored to your specific situation. You can trust our expertise to ensure your rights are upheld.
At Smith Duran Law, we believe in fighting for justice and ensuring that injured workers receive fair treatment. Our goal is to alleviate your financial stress and help you regain control of your life after an industrial workplace injury. Let us be your trusted advocates during this challenging time. Contact us today and take the first step towards securing your future. Together, we’ll fight for your rights and ensure that justice is served.]]>On Behalf of Smith Duran Law<![CDATA[Navigating the Complexities of Occupational Disease Claims in Washington]]>https://www.smithduranlaw.com/?p=461512024-06-26T14:34:10Z2023-05-01T07:00:00Zworkers’ compensation system. However, navigating the complexities of occupational disease claims can be difficult, and it is important to understand the claim process in order to ensure that you receive the benefits you are entitled to.
What Is An Occupational Disease?
Occupational diseases are diseases or medical conditions that are caused by exposure to a hazard or condition in the workplace. This can include exposure to chemicals, dust, noise, radiation, or repetitive motions, among other things. Mesothelioma (caused by exposure to asbestos), black lung disease (caused by exposure to coal dust), repetitive strain injuries (caused by repetitive motion), and hearing loss are typical examples of occupational diseases. Occupational diseases can take years to develop, however, and the symptoms may not appear until long after the exposure has ended.
What Are The Requirements For Filing An Occupational Disease Claim?
1. First, you must be an employee who has been exposed to a hazard or condition in the workplace that is likely to cause an occupational disease.
2. The second requirement is that the hazard or condition at your workplace must directly contribute to your medical condition.
3. Lastly, you must file your claim within a certain time frame, which varies depending on the nature of your claim.
How Do You File An Occupational Disease Claim?
Filing an occupational disease claim can be a complicated process that can take several months, and it is important to follow the correct procedures to ensure that your claim is accepted.
1. First, you must notify your employer of your illness or injury within 90 days of the date you knew or should have known that your condition was related to your work.
2. Second, you must file a claim with the Washington State Department of Labor and Industries (L&I) within one year of the date you knew or should have known that your condition was work-related.
3. Once you have filed your claim, L&I will investigate to determine whether your condition is work-related and whether you are eligible for compensation.
What benefits are available for occupational disease claims?
If your occupational disease claim is accepted, you may be entitled to several types of benefits. These can include:
1. Medical treatment: L&I will pay for all reasonable and necessary medical treatment related to your occupational disease.
2. Time-loss compensation: If your occupational disease prevents you from working, you may be entitled to time-loss compensation, which is a portion of your wages.
3. Vocational rehabilitation: If you are unable to return to your previous job due to your occupational disease, L&I may provide vocational rehabilitation services to help you find new employment.
Denied Claims: What to Do if Your Claim is Rejected
Unfortunately, not all occupational disease claims are accepted. If you’re dealing with denied claims, you have the right to appeal the decision. This can be a complex process, and it is essential to have an experienced attorney on your side who can help you navigate the appeals process.
In some cases, you may be able to pursue compensation for your occupational disease through a third-party claim. For example, if you were exposed to a toxic substance that was manufactured by a third-party, you may be able to pursue a claim against the manufacturer. This can be a complicated process, but an experienced attorney can help you determine whether a third-party claim is appropriate in your case.
Personal Injury Claims: Seeking Compensation Beyond Workers’ Compensation
If your occupational disease was caused by the negligence of a third-party, you may be able to pursue a personal injury claim in addition to your workers’ compensation claim. Personal injury claims allow you to seek additional compensation for damages such as pain and suffering, emotional distress, and loss of quality of life. An experienced attorney can help you determine whether a personal injury claim is appropriate in your case.
Navigating the Workers’ Compensation Process
Navigating the workers’ compensation process can be complicated, especially when it comes to occupational disease claims. To be eligible for benefits, you must show proof that the conditions at work caused your disease. This can be challenging, as it involves proving that your exposure to hazardous substances or conditions in the workplace was the sole cause of your illness. You must provide documentation to support your claim, such as medical records, witness statements, and employment records.
Contact Smith Duran Law Today For a Consultation About Your Workplace Injury Claim
At Smith Duran Law, our experienced attorneys have helped countless clients in Washington get the compensation they deserve after suffering from occupational diseases or workplace injuries. We understand how stressful and overwhelming it can be to deal with the physical, emotional, and financial impact of these conditions. That’s why we’re here to help you through every step of the legal process.
Our attorneys are knowledgeable about the latest laws and regulations related to occupational diseases and workplace injuries, including the Washington State Workers’ Compensation Act. We’ll work tirelessly to gather the evidence needed to prove your case and fight for the compensation you’re entitled to, whether that means negotiating with insurance companies or representing you in court.
At Smith Duran Law, we understand that no two cases are alike. That’s why we take the time to listen to our clients and develop customized legal strategies to meet their unique needs. Whether you’ve suffered from mesothelioma, black lung disease, repetitive strain injuries, or any other occupational disease or workplace injury, we’re here to help. We believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we offer a free consultation to all potential clients. We’ll review your case, answer your questions, and provide you with a clear understanding of your legal options.
If you’re dealing with an occupational disease or workplace injury, don’t wait any longer to seek the compensation you deserve. Contact us today, and let us put our experience and expertise to work for you.]]>On Behalf of Smith Duran Law<![CDATA[Investing in a Workers Compensation Lawyer: What You Need to Know About Costs In Washington]]>https://www.smithduranlaw.com/?p=461532024-06-26T14:34:14Z2023-03-16T07:00:00Zworkplace injury can be a life-changing event. Depending on how bad the injury is, you might not be able to work, which would mean lost wages and possible financial hardship. Workers’ compensation is a type of insurance that provides benefits to employees who are injured while on the job.
Fortunately, in Washington State, workers’ compensation provides a range of benefits to employees who suffer from work-related injuries or illnesses. These benefits may include medical benefits, reimbursement of travel expenses, compensation for damaged or lost personal property, partial wage replacement, permanent partial disability payments, monthly pension benefits, and vocational training to acquire new job skills if unable to return to previous work.
But figuring out how the workers’ compensation system works can be complex and overwhelming, which is why investing in a workers’ compensation lawyer is a smart decision. In this article, we’ll explore what you need to know about the costs of hiring a workers’ compensation lawyer.
Types of Fees:
Workers’ compensation lawyers typically charge their clients in one of two ways: on a contingency fee basis or on an hourly fee basis. With a contingency fee, the lawyer will only get paid if you win your case. Most of the time, the fee is a certain percentage of the money you get from the workers’ compensation claim. The attorney is not compensated if you lose the case. On the other hand, an hourly fee is when the lawyer charges you for the time they spend working on your case, regardless of whether or not you win.
Contingency Fees Explained:
The most typical type of fee structure for workers’ compensation attorneys is contingency fees. Injured workers who have lost income as a result of their injuries may not be able to pay hourly fees. With a contingency-fee basis, you don’t have to make an upfront payment. The attorney will instead take a cut of your settlement or reward. The number ranges from 20% to 33% in the majority of states. The exact percentage will depend on Washington laws and the complexity of your case.
Hourly Fees Explained:
Hourly fees are less common for workers’ compensation lawyers, but they can be an option for some clients. The attorney will charge you for the time they spend on your case, including meetings with you, analyzing your medical data, and case preparation. Hourly fees can range from $100 to $500 per hour, depending on the lawyer’s experience and the complexity of the case.
Additional Expenses:
Aside from the lawyer’s fee, you may also have to pay for other costs related to your case. For instance, your attorney might need to pay court fees, employ medical specialists, or get copies of your medical records. These costs are paid out of your settlement or award and are distinct from the attorney’s fee.
Work Injury in Washington State:
It’s worth noting that the fee is set by the Washington State Department of Labor & Industries, and workers’ compensation lawyers are not allowed to charge more than the approved amount. This helps to ensure that injured workers can access legal representation without worrying about exorbitant fees.
Another thing to consider is how complex and time-consuming work injury cases can be. Even if your case is straightforward, it may still take several months to resolve. If your case is disputed, it could take even longer. In this case, having a lawyer on your side can be invaluable. A lawyer can help you navigate the system, gather evidence, and represent you at hearings and appeals.
Contact Smith Duran Law Today For a Free Consultation About Your Washington Workers’ Compensation Case
If you’ve been injured on the job, you don’t have to face the workers’ compensation system alone. At Smith Duran Law, we’re here to help. Our experienced workers’ compensation lawyers have a track record of success in helping injured workers get the benefits they deserve. We work on a contingency fee basis, so you don’t have to pay anything upfront. We’ll only get paid if you win your case. Smith Duran Law represents clients in King County, Lewis County, Pierce County, Thurston County, and all across Washington. Our main office is located at 10118 Highway 12 SW, Rochester, W, and we also have an office at 1105 Tacoma Ave. S., Tacoma, WA. Contact us today to schedule a free consultation and learn more about how we can help you.]]>On Behalf of Smith Duran Law<![CDATA[Top Workplace Injuries in Washington State]]>https://www.smithduranlaw.com/?p=461452024-06-26T14:34:18Z2023-01-01T08:00:00ZWorkplace injuries are unfortunately a common occurrence for employees in Washington State. When you have suffered serious injuries on the job, you may be left with long-term impairments or permanent disabilities that affect your ability to earn a living. As a worker in Washington State, you need to know what are some of the most common workplace injuries and what you need to do when you are hurt in the course and scope of your employment.
The Most Common Workplace Injuries
Seven of the most common workplace injuries in Washington State include:
Musculoskeletal injuries of the upper body, such as carpal tunnel syndrome, thoracic outlet syndrome, tension neck syndrome, rotator cuff injury, and tendonitis. These injuries are usually caused by repetitive and/or heavy lifting and constant vibration from motorized tools or equipment
Struck by or crush injuries, which occur when a worker is struck or crushed by a person, animal, or inanimate object (other than a vehicle)
Slip/trip and fall injuries, which result from striking the ground or hitting an object while falling to the ground
Overexertion injuries, which occur when a worker exceeds their physical endurance or performs some action or motion that exceeds their tolerance or strength. Overexertion usually results in strains or sprains
Crush/entanglement injuries, which involve a worker being caught, crushed, pinched, squeezed, or entangled between two or more objects or in between two parts of a piece of equipment or machinery
Injuries from motor vehicle accidents, including accidents that occur on an employer’s premises or on a job site, as well as accidents that occur while an employee is driving or traveling by road for a work-related purpose
Steps to Take after Suffering a Workplace Injury in Washington State
If you have been injured at work in Washington State, there are certain steps you need to take to ensure that you can receive workers’ compensation benefits to treat your injuries and make up for lost wages or income if you cannot work while you are recovering from a workplace injury. These steps include:
First, you should seek medical attention as soon as possible after sustaining a work injury. If you require emergency care or immediate medical attention, you can go to the hospital or to a healthcare provider of your choice, but you should remember to inform them that you were injured at work.
Be sure to notify your employer of your work injury as soon as you can so that they are prepared to complete claim paperwork when they receive it from the Department of Labor & Industries.
File your formal workers’ compensation claim. Typically, you will file your claim with L&I, although if you work for a self-insured employer you will file your claim directly with your employer. However, if your doctor or medical provider gives you a report of the accident after you inform them that you were injured at work, your provider will file the form for you within five days. A report of an accident must be received by L&I or your employer within one year of the date of a workplace injury.
Check the status of your claim with L&I or your employer, and if you receive an adverse decision on your claim for benefits, file a protest of the decision or appeal the decision to the Board of Industrial Insurance Appeals.
Contact a Rochester Personal Injury Lawyer to Discuss Your Workplace Injury Case in Washington State
Were you or a loved one injured due to a workplace accident in Washington State? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive workers’ compensation attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Smith Duran Law represent clients injured in Olympia, Lakewood, Auburn, and University Place. Call (360) 273-5941 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 10118 Highway 12 SW, Rochester, WA, 98579, as well as offices in Tacoma.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.]]>On Behalf of Smith Duran Law<![CDATA[Does the Healthcare Industry Have the Highest Rate of Work-Related Accidents and Injuries?]]>https://www.smithduranlaw.com/?p=461462024-06-26T14:34:23Z2022-12-13T08:00:00ZImportant Risks for Healthcare Workers
Healthcare workers face unique risks of injury and illness on the job that employees in other industries don’t have. The most dangerous work hazards that employees in the healthcare industry may face include:
Puncture wounds from needles and scalpels
Exposure to toxic chemicals and materials
Accidental exposure to potentially hazardous medications or drugs, such as fentanyl
Repetitive stress injuries
Overexertion injuries from lifting patients and other heavy objects
Slip or trip and fall accidents
Latex allergies
Infections from communicable diseases, including bloodborne and airborne viruses such as COVID-19, and sexually transmitted infections like hepatitis or HIV
Violent injuries inflicted by patients or their family members, especially for healthcare workers in psychiatric and mental health specialties
Healthcare Industry Work Injury Statistics
According to the Occupational Safety and Health Administration, in one recent year hospitals across the country recorded a total of 221,400 work-related injuries and illnesses, equating to a rate of 5.5 work injuries and occupational diseases for every 100 full-time employees. The healthcare industry’s rate of work-related injuries and illnesses is nearly twice the rate of the private industry as a whole.
What Are a Healthcare Worker’s Rights After Suffering a Work Injury or Occupational Illness
Many healthcare facilities are focused on improving workplace safety. This includes reducing the risk of work-related injuries and illnesses by providing full protective personal equipment to healthcare workers treating patients with communicable diseases, purchasing equipment and machinery to help relieve workers of certain physically demanding tasks, conducting regular cleanings and maintenance of facilities, and increasing security measures to protect workers from potentially violent individuals.
However, healthcare workers will continue to face the possibility of work injuries and occupational illnesses. In Washington State, a healthcare worker who suffers injury or illness on the job may be entitled to recover workers’ compensation benefits from the state Department of Labor & Industry. Under Washington’s workers’ compensation system, benefits that healthcare employees can access may include:
Medical benefits that cover the cost of all reasonable and necessary treatment, rehabilitation, and pain management for a work injury or occupational disease
Expense reimbursement for certain qualified travel expenses incurred in going to medical appointments and procedures
Wage replacement benefits that provide partial reimbursement of lost wages or income due to missed time from work or reduced earrings on part-time/light-duty work
Permanent partial disability benefits that offer financial payments based on the type and severity of permanent impairment or disfigurement
Permanent disability pension benefits are available to workers who are permanently disabled from returning to the workforce
Contact a Rochester Personal Injury Lawyer to Discuss Your Workplace Injury Case in Washington State
Were you or a loved one injured due to a workplace accident in Washington State? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need n aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Smith Duran Law represent clients injured in Olympia, Lakewood, Auburn, and University Place. Call (360) 273-5941 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 10118 Highway 12 SW, Rochester, WA, 98579, as well as offices in Tacoma.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.]]>On Behalf of Smith Duran Law<![CDATA[Most Common Injuries for Restaurant Workers]]>https://www.smithduranlaw.com/?p=461542024-06-26T14:34:28Z2022-11-09T08:00:00Zworkers’ compensation benefits.
Common Restaurant Worker Injuries
Some of the most common injuries suffered at work by restaurant workers include:
Lacerations, abrasions, and puncture wounds
Burns, typically caused by hot oil, fire, or hot cooking surfaces
Broken bones and soft tissue injuries caused by overexertion, repetitive strain, or slip/trip and fall accidents
Injuries to hands and wrists were some of the most frequently-injured body parts, with these injuries being most likely to cause restaurant workers to miss days from work.
How to Prevent Restaurant Worker Injuries
Steps that restaurants and their employees can take to prevent work accidents and injuries include:
Keeping floors clean and dry – Restaurants should conduct regular maintenance checks to look for any spills on the floor. Any spilled liquids or food should be promptly cleaned up once discovered by an employee. Floors should also be regularly deep-cleaned to remove any grease buildup that can increase the risk of slips and falls.
Use non-skid mats and flooring – Restaurants should also install anti-slip mats or flooring in the kitchen and other food or drink prep areas, or in other parts of the restaurant that may be more prone to slip and fall accidents. These mats should be inspected regularly and replaced as they wear out or become damaged, as a worn or damaged mat can pose a tripping hazard.
Require workers to wear appropriate footwear – Restaurant workers should wear slip-resistant footwear. It isn’t enough to wear regular athletic shoes. Instead, look for shoes specifically designed for the restaurant or food service industry.
Remove clutter – Restaurants should always keep walking paths and high-traffic areas of any clutter or debris, including cords, hoses, boxes, buckets, or extra furniture. Workers often carry trays and bins that can obstruct their view of the floor.
Encourage regular breaks – Restaurant workers should be afforded regular breaks throughout their shifts to help avoid injuries caused by repetitive strain or stress. In addition, if workers are assigned a highly repetitive task, such as chopping, those tasks should be rotated among staff throughout the shift so that no employee is making the exact same physical movement or motion during their entire shift.
Provide training in proper lifting and carrying – Employers should also ensure that restaurant workers know how to lift and carry heavy trays, bins, or boxes without causing strain or injury. Workers should also be encouraged to have two or more people lift objects weighing more than 50 pounds.
Avoid burns – Kitchen staff should wear appropriate clothing that reduces the risk of catching fire due to a lit burner or other heat sources. Staff should also have splatter shields and oven mitts to help avoid burns. Restaurants should also regularly change out frying oil. Finally, workers should be trained to avoid carrying heavy pots of hot food or oil/grease from one location to another.
Contact a Rochester Workers’ Comp Lawyer to Discuss Your Workplace Injury Case in Washington State
Were you or a loved one injured due to a workplace accident in Washington State? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive workers’ comp attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled workplace injury attorneys at Smith Duran Law represent clients injured in Olympia, Lakewood, Auburn, and University Place. Call (360) 273-5941 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 10118 Highway 12 SW, Rochester, WA, 98579, as well as offices in Tacoma.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.]]>On Behalf of Smith Duran Law<![CDATA[Can Seasonal Workers Get Workers’ Compensation?]]>https://www.smithduranlaw.com/?p=461562024-06-26T14:34:33Z2022-10-21T07:00:00Zworkers’ compensation benefits for an on-the-job injury like a full-time employee?
Are Seasonal Workers Entitled to Workers’ Comp?
The short answer is that seasonal workers are eligible to receive workers’ comp for a work-related injury. A seasonal worker does not need to work a minimum amount of time in a job to become eligible for benefits. Eligibility starts on the first day of employment.
Seasonal Workers Have Higher Risks of On-the-Job Injuries
Unfortunately, seasonal workers face a higher statistical risk of being injured at work than full-time or year-round employees. This is attributed to the fact that seasonal workers may not have the training and experience that a year-round employee might have. Seasonal workers also work multiple jobs in the year, sometimes at the same time, and therefore need to mentally shift from one workplace to another. Seasonal workers also work in many fast-paced jobs in workplaces with unique hazards.
Available Workers’ Compensation Benefits
In Washington State, the workers’ compensation system is administered directly by the Washington Department of Labor & Industries, although a few employers choose to self-insure for workers’ compensation. Benefits available under workers’ comp include:
Time loss benefits, which provides partial reimbursement of lost wages if you miss time from work. Benefits are equal to 60 to 75 percent of your pre-injury average weekly wage, with the exact percentage based on your marital status and number of dependents. Benefits are also subject to minimum floors and maximum caps set by the state. If you earn less by working in a lower-paying position due to medical restrictions imposed by your injuries, you can receive up to 80 percent of the difference between your current and pre-injury wages.
Permanent partial disability benefits, which provide financial payments if you suffer a permanent loss of bodily function but can still return to gainful employment. Payments are based on the body part or bodily function affected and the degree of impairment. Benefits may be paid as a single lump sum, although larger benefits amounts can be paid over time.
Permanent total disability pension, which continues time loss benefits for as long as you remain unable to do any kind of work due to a severe disability or impairment.
Medical benefits, which pay for reasonable and necessary treatment and rehabilitation of your injury, along with reimbursement of certain eligible travel costs to and from medical appointments and procedures.
Death benefits, which provides a contribution towards funeral and burial expenses plus monthly pension for a worker’s dependents if a worker passes away due to a work injury or occupational illness.
What Happens to Benefits at the End of the Season?
Seasonal workers who do not work in the offseason will lose their time loss benefits at the end of the season. However, workers who have other jobs in the offseason but cannot perform them due to their work injury may be entitled to time-loss benefits for the income they could have earned. All other workers’ comp benefits continue following the end of the season.
Contact a Rochester Personal Injury Lawyer to Discuss Your Workplace Injury Case in Washington State
Were you or a loved one injured due to a workplace accident in Washington State? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive workers’ compensation attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Smith Duran represents clients injured in Olympia, Lakewood, Auburn, and University Place. Call (360) 273-5941 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 10118 Highway 12 SW, Rochester, WA, 98579, as well as offices in Tacoma.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.]]>On Behalf of Smith Duran Law<![CDATA[How Much Does Washington State Workers’ Compensation Pay?]]>https://www.smithduranlaw.com/?p=461552024-06-26T14:34:37Z2022-09-28T07:00:00Zworkers’ compensation system entitles you to receive a portion of your lost wages. These benefits are paid by the Department of Labor & Industries or by your self-insured employer. Under the workers’ comp system, benefits do not begin until you have missed at least three days from work following your injury, although you will be paid for those three days if you are still out of work on the 14th day following your injury.
Time-Loss Compensation
Benefits for lost wages due to missed time from work are called “time-loss compensation” benefits. When you file a workers’ compensation claim with L&I or your self-insured employer and your treating physician gives L&I and your employer notice that you cannot work due to your work injury or occupational illness, you will become eligible for time-loss compensation after missing three days from work. The first benefit check will be mailed or wired to you within 14 days after L&I or your employer is given notice of your inability to work.
Benefit checks will be mailed or wired twice per month so long as your doctor continues to certify that you cannot work due to your work-related injury or illness. You will also need to sign a worker verification form and send it to your L&I claim manager or to your self-insured employer.
If you received mailed paper checks, the checks will expire and cannot be cashed after 180 days. Within two years of the issue date, you can request L&I to reissue the check. After two years, you will need to contact the Washington Department of Revenue to file an unclaimed property claim.
How Much Are Time-Loss Payments?
Time-loss compensation payments only provide you with a portion of your lost wages. You can expect to receive anywhere from 60 to 75 percent of your pre-injury/illness average weekly wage or income, depending on the number of dependents you have. In addition, time-loss payments are subject to minimum and maximum dollar amounts set annually by the state legislature. Therefore, high-income earners may have their benefits capped to the state maximum limit, while a part-time worker may end up receiving more than the typical 60 to 75 percent of average weekly wages.
Time-loss compensation is considered a disability benefit rather than earned income, so the benefits you receive while on workers’ comp are not subject to income taxation.
Loss of Earning Power Benefits
In addition to time-loss compensation benefits, the Washington State workers’ compensation system also offers loss of earning power benefits. These benefits may be available when an injured or ill worker is cleared by their doctor to perform light duty or part-time duty. If an employer can offer a worker a light-duty or part-time role within their medical restrictions, the worker is typically obligated to accept the modified role until they are medically cleared to return to their normal assignment.
If a worker normally worked full-time, or if the employer only has light-duty assignments that pay less than the worker’s typical wage, then a worker who returns to light-duty or part-time duty may be entitled to receive loss of earning power benefits if they have lost more than five percent of their average wages.
Contact a Rochester Personal Injury Lawyer to Discuss Your Workplace Injury Case in Washington State
Were you or a loved one injured due to a workplace accident in Washington State? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive workers’ comp attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Smith Duran, PS represent clients injured in Olympia, Lakewood, Auburn, and University Place. Call (360) 273-5941 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 10118 Highway 12 SW, Rochester, WA, 98579, as well as offices in Tacoma.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.]]>On Behalf of Smith Duran Law<![CDATA[The Most Dangerous Jobs (According to the Bureau of Labor Statistics)]]>https://www.smithduranlaw.com/?p=461572024-06-26T14:34:43Z2022-08-15T07:00:00ZNational Census of Fatal Occupational Industries, published in December 2021, the Bureau of Labor Statistics reports that there were 4,764 work-related fatalities recorded nationwide in 2020, a 10.7 percent decrease from 2019. This figure represents a fatal work injury rate of 3.4 fatalities per 100,000 full-time equivalent workers or one worker death from work injuries every 111 minutes. 2020 had the lowest annual number of work fatalities since 2013.
Highest-Risk Occupations
By fatal work injury rates per 100,000 FTEs, the most dangerous occupations or industries in the U.S. include:
Fishing and hunting industry, with a fatal work injury rate of approximately 130
The logging industry, with a fatal work injury rate of about 90
Roofers, with a fatal work injury of about 45
Construction industry/handymen, with a fatal work injury rate of just over 40
Pilots and flight engineers, with a fatal work injury rate of about 35
Waste collection, also with a fatal work injury rate of around 35
Iron and steelworkers, with a fatal work injury rate of approximately 35
Truck and delivery drivers, with a fatal work injury rate of just under 30
Workers in the materials transportation, construction, and extraction industries accounted for nearly half of all fatal occupational injuries in the U.S. in 2020.
Read more: Top Workplace Injuries in Washington State
Workplace Fatality Statistics
Other notable workplace fatality statistics from the report include:
Fatalities in healthcare support occupations increased by 15.8 percent from 2019
Fatal occupational injuries suffered by law enforcement workers increased by 18.6 percent from 2019
The share of Hispanic/Latino workers who suffered fatal work injuries increased from 20.4 percent in 2019 to 22.5 percent in 2020; the fatality rate for Hispanic or Latino workers was 4.5 deaths per FTEs, an increase from 4.2 in 2019
Black and African American workers had a 14.7 percent decrease in occupational fatalities from 2019 to 2020
Workers between the ages of 45 and 54 suffered the lowest rate of workplace fatalities in 2020 for this age group since 1992
Although only accounting for 8.1 percent of total occupational fatalities, women accounted for more than 16 percent of workplace homicides in 2020
Top Workplace Accidents
The BLS found that the most frequent type of workplace accident in 2020 was transportation incidents, which include aviation accidents, railroad accidents, boating accidents, motor vehicle accidents, and pedestrian accidents. Other top workplace accidents include:
Slip and fall, trip and falls, and falls from heights
Incidents of violence and animal attacks
Contact with objects or equipment, including being struck by wheeled equipment, struck by falling or flying objects, or being caught in equipment or machinery
Exposure to harmful substances or environmental/weather conditions
Machinery and machine guardian maintenance and safety
Contact a Rochester Personal Injury Lawyer to Discuss Your Workplace Injury Case in Washington State
Were you or a loved one injured due to a workplace accident in Washington State? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Smith Duran represent clients injured in Olympia, Lakewood, Auburn, and University Place. Call (360) 273-5941 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 10118 Highway 12 SW, Rochester, WA, 98579, as well as offices in Tacoma.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.]]>