Dealing with a work accident can be a frustrating ordeal, especially when you suffer an injury as a result. More often than not, you don't know what steps to take to handle the situation appropriately. However, as an injured victim, it's crucial to familiarize yourself with the things you need to do right after the accident. These steps can go a long way in protecting your rights by filing a compensation claim.
If you've been injured in a workplace accident, below are the four essential steps to do from the get-go:
1. Seek Immediate Medical Treatment
Ask for immediate medical attention as soon as you find yourself injured at work. Sometimes, the signs and symptoms of workplace injuries don't manifest right away after the accident. By getting yourself checked, the doctor can give the proper treatment for your injury to avoid more serious health conditions.
Moreover, seeking prompt medical treatment allows you to obtain a medical report for your injury. This documentation is necessary when you decide to file a compensation claim later on. Without it, you may have a hard time proving that your injury was caused by an accident in your workplace.
2. Notify Your Supervisor Or Employer
This is another step to take after being involved in a work accident. Regardless of how the injury occurred at work, it's essential to file a report with the proper authorities right away.
When you're filing a workers' compensation claim, this report documentation can be used as the basis for the said action. Failure to file a report may jeopardize your chances of receiving the benefits under the workers' compensation program.
3. Consult Your Lawyer For Legal Options
Now that you've notified your supervisor or employer, it's time to contact your lawyer for the subsequent courses of action. It's essential to seek valuable legal advice before doing anything to avoid facing any legal trouble afterward. For example, your lawyer can assess the circumstances of your case and determine the legal options available to you. These can include:
• Workers' Compensation Claim
This is one of the options you can use to recover compensation for your injury. A workers' compensation refers to a type of insurance that provides medical and wage replacement benefits to an employee injured in the workplace. However, you must know that filing a workers' comp claim means you mandatorily relinquish your right to sue your employer for negligence. This means that when you file this claim, you can no longer receive compensation for the non-economic damages you sustained due to the injury.
If you decide to file a workers' comp claim and your employer fires you, you may also need the assistance of a dedicated lawyer to protect your rights as an employee. Typically, terminating an employee on work comp can result in filing a lawsuit against the employer. Hence, talk to your legal representative to ensure you're safe against retaliation and that your benefits won't be discontinued for no justified reasons.
Furthermore, instituting a workers' compensation claim against your employers' insurance carrier requires compliance with the necessary paperwork. If you're unfamiliar with the requirements, you can work with an experienced lawyer to guide you through the entire process and improve your odds of getting your claim approved.
• Personal Injury Lawsuit Claim
Another legal option you can use after being injured in the workplace is filing a personal injury lawsuit claim. It refers to a legal dispute wherein a person injured by someone else's negligence can recover compensation for their losses. Generally, a personal injury case is resorted to when the employer has no workers' compensation insurance or the injured employee believes that the workplace accident happened due to the employer or any third-party's negligence.
In such a case, you need to prove that someone else has to be blamed for the accident using the following elements:
o Duty of care: The at-fault party has a duty of care toward the injured victim. In a workplace setting, the employer must ensure their employees are safe while working on their premises.
o Breach: The at-fault party deviated from the duty of care by committing some negligent acts. For example, the employer failed to repair an uneven floor surface inside the office within a reasonable time, causing a slip or fall accident to an employee.
o Injury: The breach caused an injury to the person, resulting in various losses such as medical costs, lost wages, and many others.
Additionally, when filing a personal injury claim, the compensation you receive doesn't only include hospital bills and lost wages. It also covers compensation for non-economic damages like emotional distress as well as pain and suffering. Because of this, it's crucial to have a lawyer by your side to help establish the liability of the at-fault party and calculate the true worth of your claim. Also, having a legal professional can ensure you file the case within the time limits required by law.
4. Investigate The Accident
Whether you file a workers' compensation claim or a personal injury lawsuit claim, it's essential to investigate the workplace accident. This can include securing the accident scene, collecting pieces of evidence, and identifying the root cause of what happened. By investigating, you can strongly support your claim and improve your chances of winning your case.
When gathering evidence, don't hesitate to talk and coordinate with the designated investigator. They may have documented and itemized everything you need to strengthen your case. These documentations can include:
• Medical records,
• Photos of the accident scene and the injury,
• Names and testimonies of the witnesses,
• CCTV footage, if applicable.
You can also include your detailed journal outlining your recovery and healing process in your list of evidence. Moreover, by organizing the details of your accident, you can determine the root causes, making it easier to identify the proper legal remedy to safeguard your employee rights after getting injured at work.
Bottom Line
Being injured in a work accident can be a daunting experience. But by keeping these critical steps in mind, you'll know what to do when you get involved in such a situation. Remember, knowing what steps to take after the accident can make a huge difference in successfully obtaining compensation for your injury and other losses.
Comments
Post a Comment