Job Accident Legal Advice
April 10, 2012
Getting injured on the job is a big deal. Not only does the injured party have to suffer through the pain of recovery, but the lost hours of work and minimized physical functionality can have long lasting and far reaching effects.
Companies will often try to put a dollar amount on an employee injury that only compensates for the short term medical treatment (and sometimes they’ll even try to avoid paying that). Rarely will a company willingly stay with their employee and help in their long term well-being.
This means that it is the injured party’s responsibility to educate themselves as much as possible as to what their rights may be in collecting compensation for an on-the-job accident.
Do Employees Have Job Accident Legal Rights?
Many companies have specific plans in place to manage employees who get hurt on the job. Some of them use “Strict Liability” which provides proper compensation, but in exchange eliminates the employees ability to sue after the fact.
For most individuals the laws pertaining to “worker’s compensation” are applicable. As reported by Accidents.com:
“Workers’ Compensation is a system of laws that provides set benefits for injured employees and eliminates the need to litigate against employers and co-workers. It is a no-fault system, which means that there is no need to prove any fault on the part of the employer for the employee’s injury. It should be understood that workers’ compensation is a form of benefits, not a lawsuit against an employer. Filing a workers’ compensation claim is similar to filing a claim with an insurance company. Most states require that every employer provides workers’ compensation insurance, but there are some exceptions including small businesses and independent contractors. Workers’ compensation only covers injuries that “arise out of and in the course of employment.” In order to claim workers’ compensation for a particular injury or illness, the accident that caused the grievance must be within the range of an individual’s employment duties.”
The most important thing to determine is whether or not the accident happened while in due course of employment.
Who’s at Fault?
An important consideration is liability. Who’s at fault for the accident? Many worker’s compensation laws cover liability both on the party of the injured and the employer. Therefore, if the accident is caused by the negligence of the employee, it doesn’t necessarily mean they are incapable of collecting worker’s compensation.
The most important thing to remember for your case is documentation. The more verifiable information you have, the better off you’ll be. Gather witnesses; take pictures; fill out all the appropriate paperwork; leave a provable trail of the incident and you’ll be better off in the long run.
Has it Been Too Long Since the Accident?
A critical factor in determining your ability to pursue compensation is “statute of limitations”. If you’ve been injured, you do not have the rest of your life to file a claim. Accidents have varying time limits that the injured party can choose to make a claim, and if they miss that time period then they are out of luck.
If you were injured years ago and are just deciding to pursue the matter, you may not be permitted to pursue legal action. Therefore, we recommend you don’t waste another moment.
Reach Out For a Free Consultation
There are a lot of variables in play when it comes to worker’s compensation. You’ll need a legal professional to look over your case to determine if it can be pursued. You’ll also want to get connected to the right attorney in your area who is an expert at handling cases just like yours.
Luckily, we offer a free service that can accomplish those tasks. Our job is to assess your situation and, if appropriate, match you to the best attorney in your area. Our network is personally filtered (not a computer program and not up to the highest bidder). Our reputation has been built on years of helping individuals in need. Reach out today via our free consultation form or call 1-800-603-6833.