Workplace accidents can range from minor incidents to severe and life-changing events. Whatever the severity of the accident, there are several legal requirements and procedures to follow, especially if you have suffered serious harm as a result of the incident. This article covers the steps you should take to navigate the legal system after a severe workplace accident.
Table of Contents
Immediately After the Accident
The immediate aftermath of an accident can be challenging and confusing. However, there are several actions you must take as soon as possible to ensure your safety and the accuracy of future legal proceedings. These include:
Seek Medical Attention
The first and most important thing you should do after a severe accident is to seek medical attention. Even if you think you are not seriously hurt, you must get assessed by a medical professional. Some injuries may not become apparent for a few days or weeks, but immediate medical attention can help identify and treat them early. Additionally, medical records can serve as crucial evidence in your legal case.
Notify Your Employer
You must inform your employer of the accident as soon as possible. Provide them with a detailed account of what happened, including the date and time of the incident and the nature of your injuries. Your employer is required by law to report the accident to the Occupational Safety and Health Administration (OSHA). Failure to do so can result in legal action against the employer.
Document the Accident Scene and Get Witness Accounts
If possible, take photographs of the accident scene and your injuries. This documentation can provide crucial evidence to support your legal case. Make sure to also gather details from witnesses who saw the accident unfold. Their accounts can help to establish liability in a legal case.
Keep Records of all Medical Treatment and Expenses
Maintain a record of all your medical treatments and expenses related to the accident. This includes costs such as ambulance rides, hospital stays and medications. You may be entitled to compensation for these expenses.
Filing a Workers Compensation Claim
Most states have workers’ compensation laws that require employers to provide benefits to employees who suffer injuries while on the job. If you have been injured in a workplace accident, you may be entitled to workers’ compensation benefits. These benefits can cover medical expenses, lost wages, and other related costs. To file a workers’ compensation claim:
Notify Your Employer
Give notice to your employer of your intention to file a workers’ compensation claim. Employers are required to provide you with the necessary paperwork to file a claim.
File a Claim with Your State Workers’ Compensation Agency
You must submit a claim for benefits to your state’s workers’ compensation agency. The agency will investigate your claim, and if approved, you will receive benefits. If your claim is denied, you may file an appeal.
Cooperate with Your Employer and the Insurance Company
Your employer and their insurance company are likely to investigate the injury to deem it eligible for coverage. Make sure to cooperate with all requests for information or documentation to support your claim.
Contact an Attorney for Assistance
If you encounter challenges obtaining workers’ compensation benefits, contact an attorney who specializes in workers’ compensation laws. They can advise on the relevant legal procedures and represent you throughout the claims process.
Filing a Personal Injury Lawsuit
You may have the option to file a personal injury lawsuit against your employer or a third party for severe injuries sustained in a workplace accident. A personal injury lawsuit can seek damages beyond what is available through workers’ compensation insurance.
Determine Your Eligibility
To determine if you are eligible to file a personal injury lawsuit, you must establish the following:
- Your employer or a third party was negligent in causing your injury.
- The injury was a direct result of the negligence.
- You suffered damages such as lost wages, medical expenses, and pain and suffering.
File the Lawsuit
To begin legal proceedings, you must file a legal complaint in court, detailing the facts of the case and the damages you are seeking. An attorney can help you draft and file the complaint.
Exchange Information
After the lawsuit is filed, you will exchange information with the defendant in a process known as discovery. This process allows both sides to request information, documents, and evidence to support their case.
Negotiate a Settlement or Go to Trial
Once discovery is complete, you must decide whether to negotiate a settlement or go to trial. A settlement is an agreement reached between you and the defendant to pay a specific amount to you in exchange for dropping the case. If there is no agreement, the case proceeds to trial, where a judge or jury determines the outcome.
Conclusion
Sustaining severe injuries in a workplace accident can be devastating, but the legal system provides ways to obtain the necessary compensation and support to recover. It is essential to understand the legal procedures and requirements to navigate the aftermath of an accident successfully. Working with an experienced attorney can help you manage the complex legal processes and protect your rights as an injured worker.