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Erik Larson writes about the job market, resume improvement, and career advice

Workplace Personal Injury Claims: What You Need To Know

Written by Erik Larson, Community Blogger | Dec 12, 2017 9:28 PM

There is no amount of precautionary measures that will completely eradicate workplace accidents. No one is immune from sustaining an injury at work and this could range from minor to fatal injuries with grave consequences such as lifelong disabilities. Since it's the duty of the employer to provide a security cover for the employees, any injury at the workplace should be followed up for legal redress. Thus, filing a work accident claim is key.

Beyond the 172 workers' death reported by between 2011 and 2012, 1.1 million staff suffered work-related illnesses, 27 million working days were lost due to work-related illness workplace injury plus the loss of a whopping £13.4 billion between 2010/11. This staggering statistics places a heavy burden on the shoulder of leaders and employers to develop a comprehensive program to curtail the danger.

The employer outside the protection and sensitisation of the employees, should investigate and report the accident, pay the required bills for the treatment of the injured staff as well as allow some days off for the recuperation of the staff. Some employers who have worker's compensation insurance may not be weighed so much because of the insurance protection or benefits like the cost of treatment, rehabilitation and a lump sum in the event of death or total disability. Though, most compensation insurances cover business employees leaving out directors, partners, and trustees.

Identifying Workplace Injury Claim

A workplace personal injury claim arises from the sustenance of personal injuries while carrying out official duties either within or outside the work environment. But in a situation whereby the worker contributed partly to the incident, the comparative negligence law requires that a party's ability to recover damages is reduced by the percentage to which they are deemed responsible.

Checklist for Qualifying Workplace Accident Claim?

If you have any reason to make workplace accident claim, you need to check out if your category of injury qualifies you to seek legal redress. See the checklist below for confirmation.

  • Improper manual handling practices/ brought on by lack of training

  • Industrial injuries such as hand-arm vibration syndrome or vibration white finger

  • Noxious environment or toxic substances

  • Falling object

  • Assault at work

  • Defective or poorly maintained equipment

  • Dangerous machinery at work

  • Slip, trip or fall

  • Non-adherence to health and safety rules

  • Negligence of co-workers

  • Insufficient or improper training

  • Dangerous practices and procedures in the workplace

  • Accident while operating a forklift or crane

A workplace accident might leave a worker with economic and non-economic damages.  The economic damages include medical expenses, personal property damage, lost wages, etc while non-economic damages include the pains and suffering the worker have to go through.  It could also be a mental anguish, physical disfigurement, loss of enjoyment of life, embarrassment, etc. It should be understood that no amount of claims can really compensate a worker of any non-economic damages.

Procedure for Taking a Workplace Accident Claim

According to personal injury attorney Sherwin Arzani, there are proper steps to follow in order to file a workplace injury claim. The first step is to get all the necessary information about the incident. Recording the incident and having witness's documentation like the CCTV footage, individuals who were around when the accident took place, photographs, etc will authenticate the incident.

Seeking medical attention when the accident occurred is very important so as to obtain the accurate medical report for any claims. Doctor's medical information is vital for filing a claim for damages. Where there is a need for more information, your solicitor will write to your medical center requesting a medical report about your injury.

There are lawyers trained specially for workplace injury who specializes in offering the best legal advice for effective recovery of claims. Such experts help the injured staff understand his legal rights and options while ensuring that your claims are valid claims for damages.

The insurance companies have one goal which is to minimize or deny your compensation. They have a team of adjusters and lawyers trained to make it difficult for you to get the money you deserve. However, with an experienced personal injury attorney, your rightful entitlement will be recovered.

Time Limits to Make a Claim

Every personal injury compensation case has its own circumstances and may proceed differently depending on the reactions of the employer. Normally, within three years of the injury, a worker is expected to file a compensation claim. But, if the person dies while dealing with the work accident case, the three-year deadline commences from the date of the dead person to allow the family time to continue with the claim.

Challenges of Workplace Injury Claim

Recovering compensations and documenting the economic losses such as the financial bills may be easy but to determine a non-economic loss is very complex and complicated. Experts find it difficult to document and show evidence of such loss.

Nonetheless, the fundamental thing step is to work closely with the victim to know how much the injury has impacted his life and affected his financial responsibility. The calculation of the compensation will also depend on different degrees of injuries. Another challenge facing the injured staff is paying for the service of a solicitor or an Attorney that would handle the case effectively.  

Finally, the understanding between an employee and employer during a workplace injury claim should be healthy. To successfully and efficiently recover workplace accident compensation, the injured staffs need to hire an experienced Attorney who knows his onions and understand the rudiments of the recovery of workplace accidents claim.


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