Money For Lunch – Key Things To Remember Legally When You Have A Personal Injury At Work

Key Things To Remember Legally When You Have A Personal Injury At Work

February 15, 2018 4:47 PM0 commentsViews: 16

Click here to get this post in PDF

Personal injury refers to the damage to the body and the mind, which can be due to the malicious intent or negligence of another party.

When one experiences personal injury, he can consider filing for legal actions to seek justice and to recover damages. However, the burden of proof lies on the plaintiff, and he must establish the cause of action.

To justifiably claim a lawsuit, the plaintiff must prove the following in a court of law:

  • The party has a duty to the plaintiff
  • There is a violation of duty
  • Sustaining of injury
  • There is causation of breach and the injury

Indeed, a person is at risk of meeting an injury at work, and the employers have a liability to protect their employees while under their supervision. If you sustain an injury at work that is not because of your fault, then you could claim compensation.

But before you proceed to the legalities, it is essential to attend to your injuries first. Go to the nearest hospital and recover until you are ready to seek justice in the court.

Thus, in this article, we will discuss the key things to remember when you experience a personal injury at work.

  1. Gather Evidence and Report The Complaint To The Authorities

As soon as you have recovered from the accident, you can gather evidence and present it to the authorities such as the police. The police will investigate the incident and help you file a complaint after.

Here are some of the evidence you can recover to prove your cause of action:

  • Contract and other documents signed by both employees and employers
  • Interview with coworkers present at the workplace
  • Medical records certified by professional health providers proving the injuries sustained
  • Pictures and videos of the accident

Present the evidence to your employer. If your employer fails to cooperate, then you can forward your complaint to the proper authorities. You must remember to file the complaint immediately because failure to do so will bar you from submitting the lawsuit under the statute of limitations.

  1. Communicate With The Employer

It is a must to communicate with your employer and report to them the incident that happened. Employers have a significant responsibility to their employees as stated by the United States Department of Labor. Some of which are the following:

  • Adopt an Injury and Illness Prevention Program
  • Establish safe procedures and update it regularly
  • Give medical examinations and training
  • Provide a workplace which is free from danger or hazard

Employers are willing to talk about the case and mediate it. They are open for arrangement and take responsibility to whatever the employees experience.

  1. Claim Damages

Claim damages against your employers to compensate the expenses you paid to recover your injuries. The amount of claims depends upon various factors such as the working condition and the severity of the injury.

Examples of the compensation for personal injury at work are the following:

  • Hospital costs and other medical expenses
  • Loss of potential earnings
  • If permanently disabled, lump-sum compensation
  • Weekly compensation
  • Rehabilitation
  • Transportation cost for the treatment
  • Funeral grant plus grant for survivors

Here are examples of the reasons for an injury which you can claim compensation:

  • Dangerous workplace condition
  • Death at work
  • Falling objects
  • Insufficient training
  • Negligence of coworkers or top management
  • Poorly maintained tools or defective equipment
  • Presence of toxic substance in the working area

In the United States, there is a standard 12-month period upon which you can claim damages. The period commences from the date of the injury or the time you’ve realized that your workplace has an association with your injury. Failure to file within that said period will prevent you from any other compensations.

  1. File A Lawsuit In The Court

Sometimes, your employer may not cooperate with the recovery of damages you have sustained while on duty.

Other times, the injury you have in your workplace can be because of the negligence of a third party other than your employer. These are the manufacturers of the equipment or tool and others.

In both cases, you can file civil or criminal lawsuits in the state or federal courts.

In doing so, you must get a lawyer who specializes in personal injury cases. Lawyers can aid you in every step of the way so you can achieve justice in the end.

Conclusion

In sum, accidents do happen in the workplace and workers are often the victims. Personal injury can affect an employee’s daily living and performance in the office. Thus employers must compensate them accordingly.

Employers must protect its employees as mandated by law. Therefore, they must always make the workplace safe, update their regulations, maintain the equipment and other tools, and provide training to each staff member.  Following safety policies is better than facing future lawsuits in the court.

 

Disclaimer: The tips in this article contain general information only and must not be used to substitute legal advice coming from the experts. Visit a lawyer when you have further need of clarifications regarding a personal injury at work.

Tags:

Comments are closed