There are many different rights for employees who have been harmed during work. In some cases, the employee may be entitled to compensation but this will require a lot of professional direction from a personal injury law firm who would be able to offer you all the necessary information and deal with your query. Legal proceedings as a result of a work accident are an extremely sensitive issue as the circumstances of the incident may be critical to the actual entitlement to compensation and its rate. The entities that are supposed to compensate the injured party are usually very thorough and sometimes a simple word written or said by the injured employee may not assist their claim in any way. There are different procedures when it comes to work accidents including lawsuits against the employer if you feel you have been working in unsafe circumstances.
A lawsuit against the employer
The employer is obligated to compensate an employee injured in a work accident only if the accident occurred as a result of their negligence, and not of the employee themselves. A lawsuit against the employer after an injury at work requires various components in order to establish a ground for receiving monetary compensation. First, it must be proved that the employer or someone on their behalf was negligent in their duty to maintain safety. Afterall, many work environments are unsafe, or if they are within an office environment, were the electrics checked, was the fault due to unsafe flooring.
The importance of consulting a lawyer sooner rather than later
Injury claims at work contain very sensitive components so that inaccurate or incorrectly worded wording may irreversibly impair the chances of success in the case. In fact, it is also advisable to contact the medical institution, so that your doctor can offer written notes about your condition, your medication and prognosis. Sometimes the patient emits unnecessary and inaccurate statements whereas a doctor writes accurate information based on medicine and science which does look more impressive in a court of law. Your health status will affect your level of compensation.
Actions to be taken immediately after the accident
- Photograph the area of the injury: If the victim is unable to photograph themself, employees, customers or suppliers who are present can be asked to photograph the area. It is advisable to take as many pictures as possible in order to try and find additional evidence that may benefit the victim as part of their claim. Taking photos using a mobile phone is best.
- Photograph the bodily injury close to the time of the injury: The pain and suffering are compensable damages in work accident claims and photos may help.
- Contact a medical institution and have a thorough examination including x-rays: make sure that the doctor writes all the complaints down fully, as medical documents are one of the most important tools a victim has to prove the claim (as we already mentioned)
- Ask for the details of the witnesses who witnessed the accident in order to try and use them if necessary while conducting the prosecution.