A workplace accident lawyer can help you file a workplace accident claim and receive compensation for any injury you may have suffered at work which could have been avoided had the proper care and attention been taken.
In the workplace, employees are constantly exposed to various kinds of danger. This may be due to the nature of their job or by the negligent acts of their employer or fellow employee. In the unfortunate event that an employee suffers an injury it the workplace or during office hours, he/she is entitled to compensation. This action is called workplace accidents personal injury claims.
Providing a safe and orderly work environment is the duty of every employer. Employees make it possible for the company to run and enable the employers to earn profits. Thus, employers owe it to their employees, not only as a moral responsibility but also a legal obligation, to protect their workers from hazards in the workplace.
It is important that the office or workplace is secure and organized. There should be proper equipment such as chairs, tables, and desks where employees can freely execute their duties. Dangers arising from misplaced office fixtures or exposed electric wires must be removed. In some cases, the nature of the workplace requires extra precaution. Construction sites, factory assembly lines, metal workshops and the like must provide additional protective gadgets such as hard hats, goggles, face masks, gloves, vests, harness, or earplugs.
Despite these precautions, accidents do occur and employees can still get hurt. To file a workplace accident personal injury claim, the injured party, who is usually the employee, must sufficiently prove that there was an injury suffered, that it was caused by the negligent act of the employer, and that the injured party was not at fault. There is a strong presumption that the employer is the negligent party and hence the cause of the accident. This is based on the consideration that the facilities in the workplace are in the immediate control of the employer. They are the party that can easily check the workplace for any signs of defect or danger. The fact that an injury occurred means that they failed to exercise their duty to maintain the safety of their premises. A workplace accident lawyer can help you determine if the accident was preventable had the employer taken more precautions.
Settlement of the claim depends largely on the nature and complexity of the case. It may take weeks, months, or even years. However, there is a growing trend towards settling claims for workplace accidents amicably or out of court. Employers have an aversion for long and complex court proceedings. They would rather settle immediately and devote their time and effort to improving the business. Many employers take insurance for their workers. In such case, the insurer pays whatever claims may arise from workplace accidents. There are also instances where government itself imposes a duty on employers and companies to provide insurance for their employees. This measure is undertaken by the government to protect helpless employees.
If you have suffered an injury at work and feel that you are entitled to compensation for your injury, you should speak with a workplace accident lawyer as soon as possible after the accident. A workplace accident lawyer will examine the facts of your case and guide you in the best course of action.