A workplace injury includes accidents and illnesses arising from workplace activities. When you’re dealing with a workplace injury, you’ll want to know your options for gaining compensation, whether financially, emotionally, or both.
In this article, we explore workplace injuries in greater detail, looking at the following:
- Common workplace injuries
- How to prevent workplace injuries
- What to do when a workplace injury occurs
- How to file a claim
- When to consult a lawyer
- When you can sue your employer
What are Common Workplace Injuries?
The most common workplace injuries include the following:
- Harmful environments. This includes being exposed to dangerous electricity, radiation, noise, and toxic chemicals.
- Overexertion. Excessive physical exertion includes repetitive motion that causes strain to the body.
- Falls. Falling in the workplace can include slipping, tripping, or falling against a structure.
While workplace injuries can be sudden, such as if you fall off a ladder, they can also be gradual. Examples include if you’ve been diagnosed with a health condition after years of exposure to a chemical. It’s important to bear this in mind so you know your rights and what you can claim.
How Can You Prevent Workplace Injuries?
Employers and employees can take action to make the workplace safer.
Tips for Employers
- Set up a safety plan. To prevent accidents, employers should promote employee health and safety, such as by keeping two-way communication open so employees feel safe to report any hazards in the workplace.
- Provide training. Employees should be trained if they are working with dangerous or potentially harmful equipment, or if they are engaging in risky activities.
- Hire enough staff members. To prevent certain employees from taking on too much work or putting themselves at risk, you should have enough staff members to balance the workload.
Tips for Employees
- Report hazards early on. This will alert your employers to the dangers in the workplace, preventing injuries.
- Manage your wellbeing. Take breaks and support your physical and emotional health to stay mindful and alert on the job.
- Ask questions. If you’ve been given instructions that aren’t easy to understand, query them.
- Wear protective clothing, if required.
What Should You Do When a Workplace Injury Occurs?
If you’ve been involved in a workplace injury, you’ll want to take quick, effective action. This involves doing the following.
Seek Medical Attention
The first thing to do after sustaining a workplace injury is to go to the doctor. Keep all records, such as medication scripts, treatment plans, and medical tests (such as x-rays), so that you can claim for the injury effectively.
Write an Incident Report
This report should include all the important information about the incident, such as a description of what happened, who was present, and any pictures that display what happened. Avoid giving a report verbally, as you will need a paper trail as evidence.
It’s the employers’ duty to maintain workplace injury reports, so ask about one if it’s not provided to you.
Report it to Your Employer
You should speak to your employer about what happened, providing them with the incident report. It’s recommended to do this immediately as delays could result in your claim not being approved.
Seek Legal Counsel
It’s good practice to get in touch with a lawyer right away who can help you deal with the workplace injury, especially because it can be traumatic and sudden.
Hiring a lawyer from ContractsCounsel, an online legal network connecting clients with vetted lawyers, makes the process easy so you can concentrate on other things during this stressful time.
A lawyer will help you file a claim for workers’ compensation benefits. Although this is usually provided by your employer, it’s smart to check with a lawyer so that you don’t miss any important information that can strengthen your claim and ensure you gain compensation.
Other ways in which a lawyer will help you:
- They’ll help you gather all the important evidence at the start of the process.
- They’ll remind you of your rights.
- They’ll review employment contracts for evidence of employer duties and responsibilities, such as in terms of safety procedures.
- They’ll investigate the incident to give you an overview of your legal options.
- If your employer isn’t responsive to your claims, your lawyer can communicate with them on your behalf.
- Your lawyer will represent you if you need to take your claim to court.
If you need an employment contract review, you can submit a project on ContractsCounsel’s platform. You’ll receive multiple lawyer bids, from which you can choose the most suitable lawyer for your specific query and situation. This will help you review your document so that you have peace of mind that you’ve covered all your bases.
What Happens After Submitting Your Report?
After you’ve reported an incident report, your employer will get in touch with their workers’ compensation insurer, who will investigate your workplace injury claim.
If your claim is accepted, you’ll gain benefits depending on your injury and your state’s work compensation laws. If they don’t approve it, you can get legal assistance from an experienced lawyer from ContractsCounsel.
Can You Sue Your Employer for a Workplace Injury?
Although it’s common for many workplace injury claims to be settled through workers’ compensation, there are instances when you can take legal action, such as by suing your employer. This includes the following:
- Cases involving employer’s misconduct. If your employee is intentionally violating your safety, they could be held accountable.
- Cases involving third-party negligence. In situations where a third party, such as a contractor, is involved in your workplace injury, you might find that the workers’ compensation isn’t enough to remedy your damage.
- Cases involving your employer not providing you with workers’ compensation.
Do you need a workplace injury lawyer?
If you need to claim for a workplace injury, you don’t have to feel confused about the process. Contact a professional lawyer on ContractsCounsel. You’ll work with a skilled, vetted lawyer with many years of experience in assisting clients with claiming for workplace injuries.
