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A Guide to Winning a Workplace Injury Claim

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Posted: 30th September 2024 by
Lawyer Monthly
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Employers generally are responsible for the safety of their workers but there are cases when the inevitable strikes. You may be unfortunate enough to be working in a company that may have ignored occupational safety regulations. Even so, there are workplaces where accidents can still happen regardless of the level of protection and security employers provide.

Fortunately, you have a legal right to demand compensation, especially when such an injury could’ve been prevented. It’s only a matter of using the right approaches to establish a strong claim. Regardless of your position and the nature of your work, consider these tips for putting together a workplace injury claim and come out victorious.

1. Seek medical attention

The urgency with which you seek medical attention for your injury has a massive impact on the outcome of your claim. Even if it’s just a small scratch or bruise, you will want to get treated right away. Not only does it worsen your injury over time, but delaying it would only cause your employer to downplay the injury and make it difficult for you to claim workers’ compensation benefits. Additionally, it can also affect the quality of evidence needed to establish liability. Reporting the injury immediately allows you to document critical details while they’re still fresh and untampered.

2. Inform management

Since the injury occurred within company premises, you will need to inform the higher-ups about the injury. Reach out to your HR representative who will walk you through the process of starting your claim. Establish a paper trail by monitoring the emails you sent and the forms you filled out. This is so you can backtrack on agreements in case they fail to materialize, giving more teeth to your claim if your employer refuses to compensate you as required by law.

3. Get the details straight.

To maximize your workers’ compensation claim, you will need to provide the right details. Going back to the importance of timely compensation, the outcome will depend largely on the amount of evidence you have gathered, ranging from testimonies from co-workers to photographs of damaged facilities or materials as well as blood stains to show the severity of your injury. Along with your medical and employment records, these types of evidence can increase the likelihood of you getting compensated with the amount you deserve.

4. Consult the right legal expert.

In most cases, you can handle a workplace injury claim on your own, but more complex cases require legal expertise. If you’re a construction worker who has been exposed to asbestos by a management that has failed to implement protective measures, you should reach out to a mesothelioma law firm that can properly establish your case and hold your employer accountable. You need a lawyer to help you navigate the complex details of your case regardless of the level of complexity it presents.

5. Never settle immediately

You may be pressured by your employer to settle your workers’ compensation claim right away but your lawyer will most likely advise against it. As a rule, you will have to wait until your doctor finds that your condition has stabilized. Waiting until that point allows you to maximize your claim. If you settle earlier, you may not get the full compensation reflected in your medical report.

Endnote

Anything can happen while you’re at work, so it matters a lot to be prepared in case you become a victim of an accident. Consider these tips and get the amount you’re entitled to.

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