The contents of this article are for general information purposes only and should not be considered in any way to be legal advice and does not give rise to an attorney/client relationship. The information provided is not a substitute for personal legal advice and is not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.
Pursuing your dreams and achieving your goals needs a lot of work. It sometimes entails working hard, ticking off some milestones, and even sometimes, literally falling down along the journey. Those moments when people fall down, they may get hurt and possibly injured. But that goes along with the journey. These personal injuries can affect the performance of the employees with regards to their work; more importantly, it could affect the business as well.
People who sustain injuries naturally are puzzled about how to deal with it. A number of workers are not fortunate enough to be able to pay for legal counsel. Some even owe hospitals for their bills; in addition to that, they are not being able to earn wages since they have not been working.
What should you know about personal injury?
Personal injury is an injury to the physical body, damage to the mental health and even emotions that could greatly affect the wellness of the person. Wounds may be small lesions created by sharp objects or by paper (paper cuts). Some could even involve broken bones due to heavy equipment present in the workplace, which could have been caused by malfunctioning or improper operation of the equipment.
There can be two types of injuries such as:
- Bodily wounds, lesions or cuts which may also be illness caused by a virus
- Mental health issues (e.g. General Anxiety Disorder, ADHD, et al.)
Worst, these injuries to the body can result in long-term health problems and even death.
These can be acquired from various situations such as:
- Encountering chemicals that are hazardous to your body
- Mental health problems that may have existed even before they started working for the company
- An accident that may be caused by a third party (e.g. vehicular accidents)
- Felonies done by criminals to people (e.g. hostage taking, kidnapping or even theft)
- Sustained injuries due to misuse of equipment
- Poor level of medical care by the hospital
An injured party needs to remember a few things
It is important for an injured employee to know how to deal with being injured at the workplace. People react to issues, like this, differently. Some ask help from a legal counsel because they want to claim reimbursement for the expenses they incurred for hospital bills and possibly, bills from home. The inability to work can cause other damages, especially if they are the breadwinner of the family. There are laws that protect employee rights such as personal injury law, workers’ compensation law, and The Jones Act.
If there’s an instance where you have sustained an injury or are acting on behalf of someone else (like a family member), there are things that every person must remember when dealing with circumstances like this.
Some of the vital things that one must remember:
- Filing a complaint to the company or employer is one way of regaining what you lost from the unpaid salaries to the health benefits that will help you a lot.
- Making a claim for remuneration is an actionable thing that anyone can do. Doing this can aid you in raising enough money to cover the expenses incurred during the time you were in the hospital.
- Reaching out to the company for support or counselling regarding the accident or injury may also be done.
Before moving forward with any action, there are important points that every worker must know ahead of time.
- Remember the whole event, solidify the story and consult Human Resources.
Thinking and reflecting about how things happened can be quite traumatic and could trigger you at some point. The legal procedure requires specific details about the accident from the location of where it happened to the date and exact time it happened, all of those must be noted and documented.
After gathering the needed data, the worker can now go to the Human Resource department and consult about the incident. At first, it may be a struggle since there is a standard procedure in doing things like this. It’s better to familiarize yourself too with this process. In consulting with the HR department, they should be able to guide you through the process.
- Seek and consult professional legal help
When things are not going the way you want it with the HR department, maybe it is the right time to act on your own. First thing’s first, find an accredited lawyer and consult with them about the problem. Personal injuries is not something that should be ignored, but it’s a matter that should be acted upon. For example, if you’ve incurred personal injuries from construction accidents, work with an attorney who have experiences in cases similar to yours.
- Be mindful of the period of time before you can no longer file a claim due to the statute of limitations
Most of the time, legal actions have their own prescriptive time that could expire anytime after a few years. When a complaint should be filed, it must also be remembered that claiming reimbursement or wages involve the need for following standard procedures, and it includes the deadline for filing a legal action.
- Fees and payables
Once a worker consults a legal counsel for action, there will always be fees that must be dealt with and paid. For the injured party, this is in addition to their hospital payables. They must seriously consider finding an attorney that can aid in finding a solution in order to resolve these financial problems.
Lea Taylor is a law writer who spends much of her time writing pieces on law topics for the common reader. Lea is the resident comedian of the office, often cracking jokes to lighten the mood. She always has a delightful story to make everyone smile.