Earning a living is difficult no matter where you work and what the nature of your job entails. Especially if you’re in sectors that require technical expertise, the risk of getting injured adds to the complexity of your role. While employers are obligated to make the work environment compliant with occupational safety laws, you can never be too sure about being involved in any kind of mishap. It pays to know that anything that could go wrong will go wrong. The good thing is that you have the right to be compensated.
Within the bounds of labor law, workers who are injured on the job deserve justice when it’s clear that an accident is caused by negligence or a lack of due care on the part of the employer. Filing a workplace accident claim is the only logical route to take for workers who have to deal with hefty medical bills along with an extended hospital stay that deprives them of their earning capacity. If ever you’ve been severely injured on the job, use every legal approach to ensure you get the payout you deserve. Here’s a guide to walk you through the process:
Know what a workplace accident constitutes
Even before you’ve been hired by your current employer, you should have a thorough understanding of how filing a workplace accident claim works. For that, you need to have a proper definition of workplace accidents so you can justify any legal action you will take as you move forward. Within the legal industry, a workplace accident simply means any event or situation that caused unwanted distress and injury to anyone working within a company’s premises.
However, injuries are not only limited to events occurring within a defined workplace. If you were injured while performing your official duties within work hours and outside company premises, you may still qualify for compensation. However, this could be a subject for dispute depending on what local laws say about injuries sustained outside of business premises.
If fieldwork forms a big part of your role as, say, a salesman or an insurance adjuster, your employer may cover medical liabilities if you figure in an accident en route to your next site. Being informed of the definition and nature of a workplace accident is crucial to knowing the right approach to demanding compensation.
Report the event to your employer or HR representative.
Accidents can happen even in companies that pride themselves in having a clean record for employee safety. Then again, being complacent won’t protect you from anything that could do more than disrupt your productivity. Whether you slipped or got a severe papercut, it’s always wise to report the situation to your employer.
Not only will this help you get immediate treatment, but you also start the process of collecting important details to be used for filing your claim. What’s more, compiling a timeline of events leading to the injury helps reinforce your claim, making it more likely to receive a larger payout.
On the other hand, failing to report on the injury immediately may complicate the next steps to filing your claim. For one, you may not offer a more accurate description of what happened, thereby reducing your chances of getting the outcome you want.
Your employer may even refuse to acknowledge that the injury happened within business premises. They might insist that the accident occurred elsewhere. Make sure to report the accident to your HR representative right away while evidence remains fresh and eyewitness testimonies are still credible.
Establish liability and understand “duty of care”
Your claim won’t go anywhere if you don’t have evidence backing it up. In addition to urgent reporting, you also need to supply your claim with quality evidence showing that the injury could’ve been prevented had your employer done everything they could to avoid any possibility of an accident.
The concept of “duty of care” governs the steps and actions your employer undertakes to mitigate hazards and provide clear instructions and warnings to employees. When it’s clear that they’ve fallen short of this responsibility of due care, then you have a good reason to file your claim.
However, it’s also important to understand that not all workplace injuries are caused directly or indirectly by an employer. As an employee, you’re also expected to follow the policies outlined in your company’s handbook, especially provisions established primarily for preventing workplace accidents.
In some cases, employees can also be held responsible for the injuries they inflict on themselves and others due to negligence, recklessness, or their failure to exercise their duty of care. Employers are still obligated to award compensation but since such employees caused the accident in the first place, a smaller payout is expected. Understanding these principles helps you think ahead as you prepare your claim.
Know if there’s a third party involved
Under workers’ compensation laws, employees are not allowed to sue their employers or co-workers for the injuries they sustained on-site. No matter who is liable for your injuries, compensation for damages, medical treatment, and loss of income will be covered by your employer’s workers’ compensation insurer. It’s only a matter of providing your employer and the insurer with ample evidence to approve your compensation.
However, in some industries that hire third-party contractors, employees have the right to sue these companies for the injuries they sustained depending on local laws. In Washington, Tacoma law firms like RHHK say that construction workers who were injured as a result of actions by a third-party contractor can pursue a personal injury lawsuit.
This often happens when such injuries are caused by equipment failures and substandard work. So long as there is no official employee contractor between the third-party provider and your employer, you’re clear to get compensated for civil damages.
Get a good workplace accident lawyer
If things go well throughout the process of filing a workplace accident claim, you could receive your payout without much delay and resistance. That can only happen if your employer and their insurer are cooperative, making sure you get the amount you deserve. However, if they refuse to provide a fair and just amount reflecting the full extent of the injuries and damages you sustained, then you may have to contact an experienced attorney to help you through the next steps.
These hurdles don’t often occur in many companies but there could be instances when your employer insists on a lower compensation package or justifies their refusal to pay because either they doubt the credibility of your injury claim or they simply want to prevent their premiums from going up.
Your attorney can gather all relevant facts about your case and present the issue before the local workers’ compensation commission. So long as the facts reinforce your side of the case, you will receive the compensation you deserve.
Endnote
Anything can happen while you’re at work but an accident could upend your life and well-being. With this guide, you can come out of a workplace accident knowing that your financial future is secured.
