Key Things To Remember Legally When You Have A Personal Injury At Work

Disclaimer: the following information presented in this article serves only as a general guideline regarding personal injury at work. If you have further questions, need clarification, or find yourself in this unfortunate situation, it is recommended that you seek the services of a personal injury attorney immediately.

All business owners are responsible for providing their employees with a safe work environment. However, some employers forget about this responsibility. And as a result, you as their employee can get injured in the process. There are also times when the employers are making efforts to keep their employees safe, but employees still get injured. If you do get hurt, you have to remember that you have the right to compensation for your injuries and losses. You shouldn’t be afraid since the law is on your side. And if you’re unsure of what to do, we’ll give you the key things to remember legally when you have a personal injury at work.

  1. Make sure to document the accident.

To make sure that you can file a lawsuit, you need to establish that your employer is responsible for your injuries. You need to have evidence of what he/she did and the result of his/her actions. You also need to write down the circumstances that may have caused the accident.

Make sure to write down:

  • What were you doing before, during, and after the accident

This will prove if you were horseplaying at work, which may have resulted in the accident. Writing the events down will also show that you didn’t do anything after the accident that alleviated your injuries.

  • Reasons for being the area of the accident

Writing where were you during the accident will show if you’re supposed and allowed to be in the area of the accident.

  • Date and time of the accident

This will prove that you should be working in that area on that specific time and date. You may have been assigned to a different area for that particular time and date, which can lower your compensation.

  • Conditions of the area of the accident

It’s important to determine if the area has been the scene of an accident before, and the conditions of the area were still the same when you got injured. You should also take note if the floor is slippery, which could have contributed to a fall; or if there were any other hazards present that could have been prevented but contributed to your injury nonetheless.

  • Actions that your employer may or may not have taken to prevent the accident

Even if he/she has already been informed of the dangers at the workplace, he/she may have failed to do necessary actions. If you think your employer was aware of the hazards at work and still forced you to work in that area, your employer could be deemed liable.

Writing these things down as soon as you can will ensure that the events are fresh in your memory.

  1. Find witnesses.

As soon as you can, you should look for possible witnesses of the accident. Memory fades as time passes by, so you should move as quickly as possible.

After locating the possible witness, ask them if they’re able to give a brief statement regarding the incident. Their accounts should be in writing.

Make sure to write down:

  • Contact information of the witness/witnesses

Names, phone numbers, and home addresses

  • Responsibilities at work

The position at work of the witness/witnesses, and their responsibilities at work.

  1. Take pictures and get copies of videos.

Make sure to take pictures of the scene of the accident as soon as you can, as your employer may fix the area to prove your claim wrong. You should also take pictures of your injuries, and if you can, provide photos of your injuries before the accident. And if possible, you should ask a copy of the video surveillance of the accident. This will help clear things up should any discrepancies arise.

  1. Make sure to get checked immediately.

Whether or not you see or feel any injury, you should get yourself checked immediately. Some injuries won’t immediately show, but prove to be fatal.

Also, seeing a doctor will help prove your claim. This will show that your employer’s actions caused your injury and it happened at work.

Lastly, when getting checked, make sure to obtain copies of reports, medical records, and diagnosis.

  1. Never deviate from your doctor’s treatment.

You should follow your doctor’s orders because it can be used against you if you deviate from his/her orders. Your employer might claim that you’ve intentionally aggravated your injury. Disobeying your doctor might result in the dismissal of your case or can lower the amount of compensation you’ll receive.

You should also never miss an appointment since this can also result in the dismissal of your claim.

  1. Hire an attorney.

Make sure to talk to personal injury lawyer as soon as you can. He/she will be able to help you on what to do. Your lawyer should be well-versed about personal injury cases.

Make sure to show all of your documents relating to the accident to your lawyer. And always be completely honest when talking to him/her.

Having a lawyer is beneficial for your claim.

Getting injured at work can be a painful experience; it can affect you physically, financially, and emotionally. You’d have to remember that even though the process isn’t easy, you have the right to claim compensation. And knowing what you can legally do will help make the process smooth and will help you achieve your resolution.

About Lilly Jordan

Lilly Jordan has been a law writer for more than 20 years, and she hopes to impart legal wisdom to the common reader through her works. She is currently working on a new law piece. A certified "foodie," Lilly loves to cook for her friends and family. She often tries new dishes whenever she has free time.