Injury on the job due to the carelessness of others or because of horrible working conditions can lead to taking some time off work to recover. Unfortunately, many businesses will try to claim that you were not injured on work property or during working hours to avoid having to pay for compensation. Insurance companies will similarly try to look for any kind of loophole to circumvent paying you the compensation you require for the trauma you experienced.
Luckily, there are some steps you can take to prove that there has been negligence and that you are entitled to compensation for your injuries.
1- Witness Reports
If a colleague saw the accident take place, or was a witness to any other acts of negligence by your employer, they can provide a witness report to help you support your claim and get compensation. In fact, in some cases, witnesses have to administer first aid to the person injured and can give a firsthand account of what occurred. Do not be surprised if some witnesses are reluctant to provide testimonials, because if they are also employees, they may be afraid of future consequences in the workplace.
2- Get Immediate Medical Care
The first step you need to take after getting hurt on work property is to access medical care immediately. If you neglect to receive an examination by a medical professional as soon as possible after you are involved in a work-related accident, you might not have enough evidence to prove that the injuries you sustained are from the accident. Not getting immediate care also shows that the injuries are not severe, which — in theory — suggests that you don’t need to miss work. Unfortunately, injuries sometimes take time to appear, and with adrenaline coursing through your body, you might not realize that you are injured for some time. Therefore, even if you seem to be fine, it is essential to have a medical professional examine you for any external or internal issues that may have been caused.
3- Notify Your Employer as Soon as Possible
Laws differ from one state to the next. Generally, the sooner you notify your employer or supervisor of an injury, the better the chances that your claims will be compensated. Because requirements vary from state to state, contacting an injury lawyer can help clear up any confusion. A lawyer can also help you investigate the conditions of negligence and build up a case for you. Richmond-based attorneys at Marks & Harrison state that if you have proper representation and a strong case, you can be paid maximum worker’s compensation for the trauma you experienced. You just have to go through the proper steps and find the right attorney for you.
4- Get Documentation Proving Negligence
If there are any documents around that can prove negligence by your employer (for example, emails stating complaints about a certain safety hazard that was ignored and led to your injury), then you can use this to support your claim. If you are injured due to another employee’s carelessness, and your employer knew that this employee was unqualified or problematic, then this can also be used to support your claim and get you the compensation you deserve.
5- Get Video Feed or Photos for Evidence
If your workplace has security cameras around the premises, this can work in your favor. You can have your attorney request copies of the security tapes to find out exactly what occurred to cause your injuries. This will disprove any claims your employer has if they are trying to deny that you got hurt on the job. Photos can also serve as evidence of negligence. For example, if workplace hazards exist and you have to stumble over things to go from Point A to Point B, this is negligence you can document using a photograph. If possible, take photos of the scene of the accident, as well as of your injuries.
If possible, you need to provide evidence that proves you were present at the time of your injury. One of the arguments that many insurance companies receive from employers is that you were not even at work during the time you were injured. If there is no video evidence, it may appear all is lost. However, you can still prove that you were in the workplace by acquiring your timesheet from work. You can also ask that the medical professional who examines you write down the time and date on your exam report.
Some work accidents are easy to recover from. Others, however, require taking time off from work, which means not having the income to support your living expenses, including necessities such as food, medical bills, and utilities. By addressing the six points above when submitting your work injury claim, you can easily prove that you deserve compensation for the injuries sustained during a workplace accident. It may seem intimidating, but if you have the right legal counsel on your side, you will be able to focus on recovering and leave the hard work to them.