When a worker is in a confined space, they tend to assume that the space will be safe. They often think that safety measures have been put in place to make sure that the confined space is safe. Air is colorless and odorless. As a result, many workers do not realize that they are in danger until it is too late. If you are injured in this type of situation, you will want to consult with a workers' compensation lawyer.
Issues That Arise in Confined Spaces
Many problems can occur in confined spaces. For example, you may find yourself in a situation where there is not enough oxygen. Or, there might be fumes, such as paint, that build up when there isn't enough ventilation. Any number of gases can potentially become dangerous in a confined space.
Workers' Compensation Is a No-Fault System
There are safety steps that can be taken to reduce your odds of becoming sick in a confined space, but even if you do not take these measures, you are still entitled to compensation under workers' compensation insurance. This insurance system is a no-fault system. You will simply need to prove that the injuries you suffered as a result of inhaling gases occurred at work.
Compensation Through Workers' Compensation
Once you have filed a workers' compensation claim, you will receive compensation both for medical expenses and for lost wages. You will not receive your full wages but will receive a percentage. For example, in some states, you will receive two-thirds of your wages.
What to Do When You're Expected to Return to Work
At some point, the workers' compensation insurance provider will want you to go back to work and may stop paying out benefits if you refuse to do so. This is even if you believe that you are too injured to return to work. If you find yourself in this situation, you will want to consult with a workers' compensation lawyer.
How a Workers' Compensation Lawyer Can Help
A workers' compensation lawyer will help you gather together evidence that is necessary to prove that you are too injured to be able to go back to work. Your lawyer will then negotiate back and forth with the insurance provider while representing your best interests.
When Your Case Might Go to Trial
While most workers' compensation cases do not go to trial, there are some cases where you might be able to successfully negotiate a claim. Then, your attorney will represent you in court.