Spinal Cord Injuries at Work and Your Legal Rights
What are your legal rights after a spinal cord injury at work? Fortunately, after tragedy strikes, there’s a lot you can do to protect your future.
A spinal cord injury can change your life in an instant. Whether you fell from a ladder, were hit by heavy equipment, or got hurt in a vehicle crash while working, the road ahead can be overwhelming.
But here’s the good news: you do have legal rights. And as a Memphis personal injury lawyer who’s helped injured workers for decades, I’m here to help you understand what those rights are and how to protect them.
You Have the Right to File for Workers’ Compensation
In Tennessee, most employees are covered by workers’ compensation insurance, which is designed to help you after a workplace injury. If you suffer a spinal cord injury on the job, workers’ comp should cover:
- Your medical bills
- A portion of your lost wages while you’re unable to work
- Ongoing treatment, rehab, or surgery
- Certain disability benefits if you’re permanently or partially disabled
You don’t have to prove that anyone was at fault to receive workers’ comp benefits. It doesn’t matter if you caused the accident or someone else did.
But you do need to report your injury quickly and follow the correct steps. And for something as serious as a spinal cord injury, you should work with an experienced lawyer to make sure you get everything you need.
You May Also Have a Right to File a Lawsuit
Workers’ comp usually prevents you from suing your employer directly. But in some cases, you may be able to file a separate personal injury lawsuit if someone else’s negligence caused your injury. This is known as a third-party claim.
Examples of third parties could include:
- A contractor or subcontractor on a job site
- A negligent driver who caused your crash while you were driving for work
- A manufacturer of defective equipment or machinery
Essentially, you have the right to file a lawsuit when someone outside of your workplace directly caused the accident through their negligence or wrongdoing.
A lawsuit helps you get compensation for things that workers’ comp might not cover. This is especially important for extremely serious accidents like spinal cord injuries.
Damages could include:
- Pain and suffering
- Emotional trauma
- Full lost wages
- Loss of future earning potential
- Long-term care and home modifications
The Right to Reasonable Accommodations
If you’re able to return to work after your injury, whether full-time or in a limited role, you have the right to reasonable accommodations under the Americans with Disabilities Act (ADA). Your employer may be required to modify your work duties, schedule, or environment to help you perform your job safely.
If they refuse to accommodate you, pressure you to return before you’re ready, or retaliate against you for filing a claim, you may have a case for disability discrimination.
The Right to Legal Representation
With serious accidents, employers and their insurance companies have entire teams of lawyers ready to fight and even deny your claim. It can feel overwhelming and intimidating – especially when they come for you.
But you don’t have to figure this out on your own, and you shouldn’t have to. You have the right to hire an attorney who can fight for your best interests, whether you’re pursuing workers’ comp, a third-party lawsuit, or both. An experienced lawyer can:
- Make sure your workers’ comp claim is filed properly and on time.
- Push back against denied or delayed benefits.
- Investigate whether any third parties can be held liable.
- Work with medical and financial experts to understand the full impact of your injury.
And what’s more, you can have this legal support without paying a penny. We don’t make anything unless and until we win your case.
The Right to Great Legal Support
A spinal cord injury at work doesn’t just affect your body. It affects your career, income, and peace of mind. But you don’t have to face it alone. You have legal rights, and we can help you put them to action.
If you or a loved one has suffered a spinal cord injury on the job, contact my office. I’ll help you understand your options, fight for your benefits, and explore every possible path to recovery.
Our award-winning team has secured millions for our clients, and we can help you, too. Let’s work together to make sure you get the care, support, and compensation you need to rebuild your life.
Just contact us online or give us a call at 901-327-2100 to get started today.