How To Proceed With A Workplace Injury That Resulted From Employer Negligence

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How To Proceed With A Workplace Injury That Resulted From Employer Negligence

29 December 2016
 Categories: , Blog

Employee injuries that result from company negligence deserve a close look from a lawyer to determine your next action. Here is some advice on how to proceed in this situation.

Get Documentation

The first step would be to collect evidence of what caused your injury. Take photos of the setting and talk to other employees who are aware of the situation or who saw what happened first-hand. All evidence that you can bring to your attorney will help them determine the best follow-up.

Determine the Cause of Injury/Negligence

There may be a single obvious cause of your injury. A lawyer can sift through the evidence and call on expert witnesses to help identify the likely cause of a fall or other accident. Whether or not your employer is negligent in the situation may be debatable. If they failed to put forth effort in providing you with a safe work environment, then this constitutes negligence. For example, if there was a problem with the building (an uneven or slippery floor, poor lighting, chemical exposure) that the employer knew about and didn't fix, then this is an obvious case of negligence.

The workspace also has to follow guidelines for safety set forth by the government. And if the job has inherent safety concerns, the company needs to provide adequate protection such as protective eyewear, fall protection harnesses, and so forth. Finally, if a piece of work equipment malfunctioned, this may or may not be negligence; it will depend on whether the machine was regularly inspected and well-maintained. Again, your attorney can provide more information on this.

Speak with a Lawyer

Your lawyer should be either a workers compensation lawyer or a personal injury attorney. You might be filing a worker's comp claim or starting a lawsuit, depending on what you prefer. Going the worker's compensation route is the safest bet; you stand a high chance of success unless your employer disputes that you were injured on company property. Worker's compensation claims provide you with income to cover time off work and medical expenses. A workers compensation lawyer helps to facilitate the claims process so that you can focus on recovery. 

A personal injury claim could be more lucrative, but it may sever ties with your company and cause you to lose worker's comp benefits. Potentially, a personal injury attorney can get you compensation for your employer's negligence on top of pain and suffering, plus coverage for bills and expenses related to your injury.