Should I Open a Personal Injury Case for an Accident at Work?

The law requires employers to provide their employees with a safe and healthy work environment. As we know, this does not always happen. Accidents can happen at work, and employees can be injured as a result. 

When does an incident at work become a personal injury case, and do you have legal grounds to claim compensation? What can you do to help your case, and will you benefit from the help of a personal injury lawyer like Diamond & Diamond? Let’s have a closer look.

When to Claim Personal Injury

When someone has sustained injuries in an accident, damages can only be recovered as a personal injury claim if the other person or company had been negligent. There needs to be a concept of fault, meaning that a person or a business did something wrong that caused the accident.

You and your lawyer will have to prove that it was due to a mistake, fault, or error on your employer’s side that caused you to be injured. If the fault is confirmed, you will be able to claim compensation for your injuries, aggravation of pre-existing injuries, psychological injuries, loss of future income, and even loss of enjoyment.

Report the Accident 

Once the accident has happened, ensure that you report it to your colleagues and manager as soon as possible. If the incident is on record, there is no way that an employer or insurance company can dispute later on that the accident happened. There are some strict time limits on taking legal action, usually within three years of the date of injury. 

Avoid directing blame, whether you blame yourself or whether your manager blames you. It is best to have a qualified lawyer assess your case as the company may still legally be at fault for the accident. Ensure that your accident gets recorded properly by the company, or record and submit the details to your employer yourself.

Evidence to Help Your Case

Take photos and videos of the scene, and record what happened in detail. This is vital in case your employer changes anything after the incident, whether they are trying to “hide” their mistake or simply make it safe for others. Make sure you have the names and contact details of anyone who witnessed the accident.

Record and photograph all your injuries and symptoms, either via video or in a diary. Often, minor injuries can become more serious later on, and if they are unrecorded, it could be hard to link to the accident. 

Go to your doctor or the hospital as often as you need to. If your injuries cause ongoing problems, it’s good to have a medical record of your frequent visits that will help to support your claims.

Keep a record of your expenses and losses. With a personal injury case, you will be able to seek compensation for loss of income and additional costs that your injury caused. 

A Personal Injury Lawyer Will Help Your Case

Personal injury lawyers are vital if you want maximum compensation for your injuries after a workplace accident. They can give you the peace of mind to focus on your health and recovery while they work on your case.