How To Secure Compensation For A Work-Related Accident
When you suffer an injury at work, or you are party to an accident in the occupational environment, there are legal measures in place to ensure your rights are protected. Unfortunately, not every workplace accident will result in a payment of compensation, but for the majority of those injured as a result of the negligence of their employer, the chances of securing a payment for damages significantly increase.
There are processes and procedures you need to follow to raise this type of action successfully, including from a stage before any action can proceed. But what are the criteria that must be satisfied to get a result in, or before, court?
The first thing that needs to be established in any case of this kind is whether you were owed a duty of care by your employer, and whether that duty of care was breached in a negligent way. In most cases, by virtue of your employer/employee relationship, it is likely that a duty of care exists. Employers generally have a duty to provide a safe working environment for their staff. Beyond that, the sticking point is often showing that the company has been negligent, either by omission or commission, which would give cause for the action to proceed.
You also need to demonstrate that you have sustained an injury, and supporting medical evidence is extremely valuable in these cases. You need to seek medical attention, regardless of the nature of the injury. This will allow you to demonstrate in court where a certain medical diagnosis has been made. This diagnostic information is important in creating the optimum conditions for a claim, and this will be factored directly into account when calculating any compensation you may be due.
Compensation claims usually aim for a calculation of damages that includes payment for the injuries, the pain and the inconvenience of what has happened, along with the impact on your earnings ability and employment opportunities. Any evidence to support claims may be worthwhile submitting, depending on the advice of your attorney and your specific circumstances.
Chatting to an attorney has to be one of the first things on the list if you are looking to secure a compensation payout. An experienced workplace accident attorney will be your best option, providing you with access to the most up-to-date advice on your case and your prospects for moving forward. The right attorney can make the difference between a successful action and an unsuccessful one. Yet it is important to make contact with an attorney early on, which often means you need to make a quick decision about who best to represent your needs. Try to make the right call – the attorney you choose now can massively influence how you perform in your claim more generally. Find someone with an expertise in this area, for example Brown and Theis, who represent a number of clients affected by workplace injuries. Suffering an injury at work can be a scary and often life-altering chain of events, and it is important to be aware of your rights in these circumstances.