How To Determine If Your Workplace Accident Qualifies For A Personal Injury Claim

Workplace accidents happen most often in industries such as construction, manufacturing, transportation, and healthcare. Even with precautionary measures in place, accidents can still occur. Injuries can range from minor bruises to catastrophic injuries such as amputations, paralysis, and even death. If you have been involved in a workplace accident, you may be entitled to compensation. However, before pursuing a personal injury claim, it is essential to know if your accident qualifies.

Is Negligence Involved?

One of the primary factors in determining if your workplace accident qualifies for a personal injury claim is if negligence was involved. Negligence means that someone did not take reasonable care to prevent or avoid the accident from happening. This can include the employer, a coworker, or even a third-party contractor.

If your employer did not provide adequate training, enforce safety protocols, or provided faulty equipment, they could be held liable for your injuries. Similarly, if a coworker’s negligence caused the accident, their actions could be grounds for a personal injury claim.

Did You Sustain a Serious Injury?

Another significant factor in determining if your accident qualifies for a personal injury claim is the severity of the injury. Personal injury claims are typically reserved for injuries that are severe, long-lasting, and impact the injured party’s ability to perform their job adequately. If you sustained minor injuries that required little to no medical attention, it may not be worth pursuing a personal injury claim.

However, if your injuries required hospitalization, surgery, or ongoing medical treatment, you would likely qualify for compensation.

Did the Accident Occur While You Were Performing Job-Related Duties?

For a workplace accident to qualify for a personal injury claim, the accident must have occurred while you were performing job-related duties. If the accident occurred during your lunch break, while running a personal errand, or during your commute to work, it would not qualify for a personal injury claim.

Did You Follow Proper Protocol?

Following the proper protocol after a workplace accident is essential if you plan to pursue a personal injury claim. This includes notifying your employer of the accident, seeking medical attention, and filling out an accident report. If you do not follow proper protocol after an accident, it could negatively impact your chances of receiving compensation.

Are You Within the Statute of Limitations?

Finally, before pursuing a personal injury claim, you must ensure that you are within the statute of limitations. The statute of limitations is the timeframe in which you must file a personal injury claim. If you exceed the statute of limitations, your claim will likely be denied.

The statute of limitations varies from state to state, so it is essential to check your state’s laws to determine the timeframe in which you must file a personal injury claim.

Conclusion

If you have been involved in a workplace accident, you may be eligible for compensation. However, before pursuing a personal injury claim, it is essential to determine if your accident qualifies. Factors such as negligence, the severity of the injury, the job-related nature of the accident, following proper protocol, and the statute of limitations can all impact your eligibility for compensation. Consult with a personal injury attorney to determine the best course of action for your particular situation.

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