In most businesses, it is the responsibility of business owners to ensure providing employees with a safe working environment. However, there are some employers who neglect to remember this responsibility. Therefore, some employees may get injured in the course of their work. There are also times when employers make an effort in keeping their employees safe, but still get into accidents – personal injuries – in the process.
If you find yourself in this situation, keep in mind that you have every right to receive compensation for the damages and losses. The law is on your side, so you should know your rights. Also, if you have no idea what to do, here are 6 key things to remember legally when you have a personal injury at work.
Document the Misfortune
It is important that you document why your employer is responsible for your injuries. This will ensure that you can file a lawsuit. You will need to provide evidence of what the employer did or did not do and the outcome of their actions or lack of actions. Also, you will need to record the circumstances that gave rise to the accident.
Here are things to write down:
- Incidents prior, during and subsequent to the accident
This portion will demonstrate or prove whether you were somehow at fault for ignoring proper safety precautions, which may have caused the accident. Likewise, writing the events down will prove that you did not do anything subsequent to the accident causing your injuries.
- Explain why you were at the scene of the accident
Moreover, writing your whereabouts during the accident will reveal whether you are assumed and authorized to be at the scene of the accident.
- Date and Time
This information proves that you ought to be working in that area on that specific date and time. Meanwhile, it could also be that you were assigned to a different area for that particular date and time, which lowers your recompenses.
- Setting of the scene of the accident
You should also take into account the setting or scene where the accident took place. Details include the weather, hazards present, or even if the floor was slippery. Document all of the details that may have contributed to your injury, or anything that could have prevented but lead to the injury nevertheless.
- Actions of your employer that may or may not have been carried out to prevent the accident
Take into account whether your employer was aware of the perils at the workplace. Your employer may have been unsuccessful in undertaking necessary actions. If you believe the employer was aware of the dangers in your workplace but still compelled you to work, your employer may be liable.
Look for Witnesses
Find potential witnesses of the accident as soon as possible. It is crucial that you get ahead on this because memories may fade as time goes by. Once you find your potential witnesses, ask them if they can give a brief testimony vis-à-vis the incident. Likewise, their statements must be in writing.
Be sure to write the following details:
- Contact information of the witness/witnesses
Make sure to present the information of the witness/witnesses such as names, home addresses and contact numbers.
- Work responsibilities
Likewise, it is vital to mention the work responsibilities of your witness/witnesses.
Copies of Pictures and Videos Of the Accident
Make sure to document, such as taking pictures and videos, the scene of the incident as soon as possible. Your employer may fix the scene that can jeopardize your claims of the accident. You must also take photos of your injuries and photos of the accident if you can. In addition, try to ask for a copy of the surveillance video during the accident. All of the evidence you gather can support your claims and clear things whenever there are discrepancies in the case.
Get yourself checked immediately
Make sure to have yourself medically checked right away even though it is just a slight injury, or don’t feel any injury at all. In fact, some injuries do not show but may prove to be even fatal.
Moreover, seeking a doctor may help prove your claims. This may support your case regarding your employer’s actions that have resulted in your injuries during work.
Likewise, ensure to acquire copies of medical records, reports and diagnosis when you get checked.
Follow the Doctor’s Orders
Make sure that you will not deviate from medical treatment as this can also be used against you. Your employer may claim that you deliberately aggravated and are responsible for your own injury. Furthermore, defying your doctor may result in the dismissal of your case. It may also lower the compensation you ought to receive.
Likewise, do not miss a doctor’s appointment as this can also dismiss your claim.
Find a Lawyer
Seek a personal injury attorney, such as ones here, as immediately as possible. He/She may legally help you and give you advice on what to do. Furthermore, the lawyer you find should be highly experienced handling cases regarding personal injuries.
Furthermore, make sure to present to your lawyer all of the evidence and documents of the accident. You must also be completely honest when conversing with him/her.
It brings great benefits to your claim when you have a lawyer.
Conclusion
It is indeed an unfortunate experience to get injured at work. It may affect you physically, psychologically and financially. Remember that the process can be demanding, but you are entitled to claim compensation. Lastly, if you know what you are doing legally with proper legal representation, then the process will become smoother and can help solve the problem.
About the Author: Vicki Haskett 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.