Employers ensure the safety of their employees because they know the consequences of negligence in the workplace. They are aware of their duties and responsibilities to the people in their workplace. They know that cases involving personal injury while at work are lengthy and time-consuming.
Sadly, despite safety measures, work-related accidents are inevitable. If you are an employee and you suffered a physical injury at work, you can file a claim against the negligent party. You need to fight for your rights as this type of incident has adverse effects on your ability to work and earn a living.
Why Should You File A Claim?
You may think that going through the legal process of filing a claim is tedious. However, here are some of the reasons why you should go through with it:
- It is your right. Legal systems were created for many reasons, and one of them is to protect people who suffered due to unfair treatment. It is your right to fight for what you deserve. If an employer, who is supposed to provide you with a safe working environment failed to do his or her duty, you could file a claim against them.
- It is for your medical expenses and treatment. Accidents are obviously unplanned, which is why paying your medical bills is a burden. Even if you have health insurance coverage, it can only cover up to a certain amount. There are instances when you will pay for your therapy or rehabilitation if you sustained severe physical injuries.
- The accident caused you to lose your earning capability. Your capacity to make a living is compromised. If you sustained broken bones or fractures, you could not work for some days or weeks. Your supposed earnings during your recovery period are often forfeited. Your condition prevents you from supporting you and your family’s needs. You must consult with your lawyer to discuss how to proceed with filing your claim.
What Do You Do When You Sustained Personal Injury While Working?
Filing a claim for a personal injury that happened at work requires evidence. You need to prove that your accident occurred because of other people’s negligence.
- Get medical attention. Before you do anything, it is critical you receive medical assistance, especially when your injuries are severe. Have your head checked for any swelling. Your cuts must be dressed and bandaged immediately. If necessary, let doctors perform diagnostic tests to check if you have a concussion or any fractures.
- Provide specific details. You need to establish that your employer was at fault when you sustained your injuries. You have to provide evidence to support your claim. You need to give details such as:
a.) What is the time and date of the accident? Providing the time and date of the accident will prove that you are working on your shift. You are supposed to be at work when the accident happened.
b.) Why were you in that area? Stating the reason why you were in the area of the accident proves you have a purpose to be there. You are not just loitering and walking around the work area.
c.) What is the condition of that area? Describing the state of the workplace provides details to why you were injured. Was there any loose flooring? Are there uneven floors? Were there water spills? You need to describe these so the investigator can determine if there is negligence.
d.) What did your employer do when he learned about the hazards in the workplace? If your employer knew about the workplace hazards and he or she did not do anything, there is negligence. If the employer knows there is a risk when the employees continue their work, but ignored them, he or she is liable.
- Look for witnesses. Witnesses help solidify your statement. Look for coworkers who saw the accident. Get their statements and their contact information. These details may be necessary as the case progresses.
- Take photographs of the area where you sustained your accident. Documentation is essential when you are filing a personal injury claim. Take photos and record videos of the accident area. This process will help determine if it is hazardous or not. You should also take pictures of your injuries. File copies of your medical report, hospital bills and receipts for other expenses incurred due to your accident.
- Consult with your lawyer. Divulge everything to your lawyer. You must relay all the information you have to him or her. When your lawyer is aware of every detail of the case, it will be easier for him or her to create a solid case.
Experiencing personal injury during working hours is difficult. It has physical, emotional and financial effects on you. However, you have the right to file for compensation as long as you can prove there is negligence on your employer’s part. A lawyer can help you with your claim, especially if the injured has occurred while you’re travelling on the company’s behalf. We hope you like this article from this law firm in Chicago.
Vicki is a law writing enthusiast who’s had over 25 years of experience in her field. She enjoys sharing her experiences with those who want to learn more about the legal world. In her spare time she spends quality time with her family and friends.