Working a physically demanding job or working in conditions where you have to perform your duties in tandem with heavy machinery can be risky. The chances of physical injury can be much higher in comparison to a desk job.
You can get disfigured or maimed for life from the tiniest mistake. It can be incredibly stressful if you follow the rules and take all the safety precautions needed and still get injured due to the negligence of someone else.
Suffering from pain and misery just because someone else was not following the rules is not fair, which is why you need to take action to hold them accountable for their actions.
1.Get the HR Department Involved
Once you are able to get the medical care needed at the scene of the incident, you should get the HR department involved. Getting the HR department involved can put the mechanism in place for dealing with a workplace injury in motion.
If you have a supervisor, it is their job to make sure that your matter gets handled in the best possible way. This can be done by taking the necessary action and making sure that everything is handled professionally.
Your supervisor or the HR department will be able to take witness statements and isolate the negligent party, which will be helpful to you later on.
2.Notify Your Union Representative
Another thing that you have to do fairly quickly is to get the word of your injury to your union representative. Your union representative will ensure that you get the support needed. They will fight for you to make sure that you are compensated for your injury.
In addition, your union representative can get you paid leave for the time you spend in recovery. Similarly, their presence will negate any chances of evidence getting tampered with. A union representative will be able to gather the full account of the incident.
This will allow them to testify in court for you should the matter proceed to trial. Their presence at the scene will also help you negotiate better terms when it comes to settlement talks.
3.Seek Legal Help from an Attorney
If you are under the impression that you can deal with all the complexities of filling a compensation claim on your own, then you are mistaken. There are a number of requirements that need to be fulfilled in order to make a successful compensation claim.
There are limitations put in place by the statute to govern compensation claims. An attorney will be able to guide you regarding these intricate requirements. Consulting fearless legal advocate Matt Sharp can make things easier for you.
You will need an attorney who is fierce but knows when to push the matter and when to settle. This will provide you with the best chance to get adequate compensation for your suffering.
4.Note Down Details of the Incident
If you plan on seeking compensation for your injuries, you will need to provide the details of the incident. Anything that comes to your mind, you need to put it on paper. Sometimes, things can seem insignificant to you, but they can help out your case later on.
You need to note the date, time, and conditions surrounding your incident. If there was an act being committed in violation of company or OSHA policies, you need to make a note of that as well. There is also a need to note down a detailed description of your incident.
Doing this will enable you to remember the details of your incident later on. It can take a long time for your insurance claim to go through or for negotiations to fail. If you want to have any degree of success in court, you will need to remember all the details of your incident correctly.
5.Seek Worker’s Compensation
The first step that you can take to seek compensation for your injuries is to file a worker’s compensation claim. You can start by filling out a form for a worker’s compensation claim. Afterward, you can submit this form to your employer or your state worker’s compensation office.
You will have to provide medical records supporting your claims. This will enable you to get compensation for your medical expenses. In addition, you will be able to seek compensation for lost wages and any disability that you might have incurred. Your pain and suffering will also be accounted for.
6.Take Time to Settle Your Claim
Once you file a compensation claim, the insurance provider of the liable party will try to settle it with you. The priority for insurance companies is to settle a claim quickly and as cheaply as possible. This will initially result in a low settlement offer.
However, you have to take your time and negotiate for a better deal. You can involve your attorney in the negotiation process, which will provide you with better odds to get an amicable settlement for your suffering. Through their experience, your attorney will be able to sense if you can get a better deal.
If the insurance provider of the liable party is adamant about offering you a less-than-satisfactory settlement, your attorney will advise you to take the matter to court.
7.File a Lawsuit if Needed
In case you are not satisfied with the settlement offer put forth by the insurance provider of the liable party. You can move forth with a lawsuit. A lawsuit seeking compensation from the liable party will have to be filed by your attorney, and you will need to prove the liability of the responsible party.
If you are successful in proving the liability of the responsible party, you will be awarded amicable compensation by the court. However, in order to prove this liability, you will need to support your allegations with ample evidence. This can be in the form of documentary evidence or testimonies.
In case you intend to sue your employer for damages, you will need to go through the intense process of discovery. You might also have to subpoena the company records with the help of your attorney.
