Workplace accidents are quite common, but there are certain legal rights that an employee can exercise after a mishap. Based on their claims and the accident’s nature, a person is entitled to get worker’s compensation. The rules might vary a little from state to state, but specific legal options that a victim of a workplace accident can get anywhere. After all, a severe accident can lead to the employee missing work for quite some time. And if the accident is grievous, it could lead to disability as well.
Here are some legal options one can try if one finds yourself in a workplace accident with the help of a workers compensation attorney.
1. Filing a Claim:
The employee has the right to file a claim for the injury sustained during the accident. Based on that claim, the employee is entitled to get compensation from the employer or the insurance company. The accident has to be proven in a court of law. The employee can file the claim themselves. If they can gather the evidence or witness to corroborate their story, it will make a claim stronger. The accident could have resulted from a slip and fall, a stairwell accident, or the employer working with hazardous materials without proper protection.
2. Hiring a Lawyer:
Suppose the employee is not very knowledgeable about the legal procedures or cannot file the claim themselves because the injury was severe. In that case, they have the option to hire a worker’s compensation attorney. The lawyer will guide them every step of the way and help them understand the compensation claim’s intricacies. The lawyer will also find evidence, gather witnesses and take care of all the paperwork while the injured employee recovers from the injury. The employee alone cannot often fight a case with the employer or the insurance company if they are unwilling to pay. Still, a compensation lawyer will represent your story in the court of law in the best possible light and get you the compensation amount you deserve.
3. Suing Manufacturers of Equipment:
If the accident results from faulty machinery or heavy equipment that the employee was working with, the employee can use the manufacturing company. If there were some faults with the machine that the employer was unaware of, then the manufacturers would be blamed. Had it not been for their faulty techniques, the accident might not have happened. However, the manufacturer can also request a third-party investigator to inspect the machine and submit a report if they suspect that the machine was flawless from their end and tampered with later. It is up to the judge whether to uphold the appeal or not.
4. Continue to Work:
One of the injured employees’ options is to quit working for the previous employer and finding a new job. The other option is they keep working for the same employer after their recovery and continue in the same designation. Both the options are detailed, and it will depend on how your legal battle is coming along. Throughout the process, your lawyer will represent you till the matter is settled for good and you have received compensation. However, it is essential to remember that if any drug or alcohol is involved during the accident, the employer will have the right to terminate the employee.
5. Delayed Response:
At times, the after-effects of an accident are not immediately perceivable. The pain can start later, or internal bleeding might cause complications after weeks of the actual accident. In such cases, you still have the option to file for compensation. This is why it is essential always to seek medical assistance, no matter how small the accident might seem. If you have proof that you have sustained a workplace injury, you will prove that the later complications resulted from this injury.
For a workplace injury, each scenario is unique, and the circumstances can also be vastly different for different kinds of injury. The options you have will also vary accordingly. Accidental injury circumstances are very different from the circumstances where the employer might have wanted to harm the employer deliberately. If the accident resulted from negligence on the employer’s part, then the employee is entitled to get hefty compensation. This is why it is essential to carefully weigh your legal options before taking a significant step after an accidental workplace injury.
Before signing any settlement offer from your worker’s compensation insurance or filing a claim, it’s imperative to consult a worker’s compensation attorney to get the best guidance. They will suggest the best course of action and protect your legal rights to fight for your compensation.
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