Workplace injuries are very common among workers, especially those in the industrial sector. The same applies to injuries associated with customers’ or visitors’ use of a company’s premises. In most cases, the companies involved manage to escape any consequences including personal injury lawsuits due to some technicalities. This doesn’t mean you cannot take a company on for their negligence of duty resulting in injuries.
Every company is responsible for providing a conducive and safe environment for workers and clients they do business with. Anything short of that justifies the victim to sue the company provided there is enough evidence. According to the Barnes Firm attorneys, having enough evidence to support your case is criticalto winning a personal injury lawsuit. With that, you can rely on any competent attorney to pursue your case.
Many personal injury cases go unchallenged mostly due to the victim’s lack of legal knowledge on the subject or the fear of losing the case. On the other hand, some companies use their size and influence to bully the victims who even try to seek legal redress.
Types of Personal Injuries
- Workplace accident
- Medical malpractices
- Vehicle accidents
- Wrongful death
- Premises liability
- Product liability
When can a Worker Sue Company for Workplace Injury?
An employee can hardly sue an employer for compensation after a workplace injury. Instead, such workers are required to file for workers’ compensation benefits instituted by the company. This to a larger extent shields employers from being sued for personal injury claims. However, there are exceptions, which could serve as windows for such civil lawsuits. Let’s go through some examples of workplace injuries.
- An outbreak of industry disease
- Fall from height
- Fall from height
- Hearing loss
- Construction accidents
- Injuries related to poor health and safety
Before contacting an attorney for a lawsuit on any of the above, you should check if you qualify for workers’ compensation. If you qualify for workers’ compensation, you may not be able to sue your company for a workplace injury. This is because you give up your rights to any civil lawsuits as soon as you are covered by such a scheme. In such cases, all you can do is file for the claims.
If you don’t qualify for workers’ compensation benefits, then you can sue your employer if:
Not providing workplace compensation
As a worker, you have the right to compensation when injured at work. If for any reason your employer refuses to cover you with such insurance, then you have the right to seek redress.
Injury out of negligence
An employer has a duty to provide a safe environment for work to thrive. If through no fault of yours, such safety measures are not ensured, and you are injured through it, then the company can be blamed for it.
Employer physical assault or emotional torture
Some employers resort to assault with the least provocation or mistake from an employee. Others also intentionally cause emotional trauma through unwarranted insults, harassment, bullying, and threats. If your employer puts you through any of the above causing physical injuries or psychological trauma, you can sue for damages.
What to do When You Decide to Sue
Get a medical report
The only way to prove your workplace injuries is through a medical report, and you need an accredited doctor to do this. A medical officer must extensively evaluate your injury to determine the cause, the extent of damage, available treatments, and the cost of treatment. The report given would serve as evidence in the law court.
Have an intact account
As part of your evidence, you should document a vivid account of what happened on the day of the injury. What caused the injury and how it happened are things you shouldn’t forget because they are your trump cards for a successful legal battle.
Talk to an injury attorney
Due to the complications associated with proving workplace injury claims, you need a competent and experienced attorney to pursue your case. First, the lawyer would be able to tell if you have a good case. If the answer is positive, then he/she will fill your case for the necessary compensation. During this period, your attorney can also decide to reach your company for an out-of-court settlement.
Just as workers, clients also have the right to sue a company for negligence of duty resulting in an injury. As soon as a business decides to open to clients, it should be ready for premises liabilities. For example, if water spilled on the floor causes a customer to slip and fall, the victim can take the company on.
The victim may also have to go through the same process workers go through in proving their case. So, you should be able to provide enough evidence, seek medical care and report, and hire a lawyer to fight your case.
The process may be frustrating and intimidating, however, an experienced lawyer can easily help you win or reach a settlement.