An employee who has fallen at work and sustained injuries can file a fall at work claim seeking compensation for the injuries that are due to the negligence of the employer or workmate. Workplace accidents are not uncommon, at times they can occur even in the seemingly safe work environments with cases of slipping and falling or even tripping being the most common.
If injured at work due to the negligent actions of another when on their duties, it is within your legal rights to file a fall at work claim seeking compensation, no matter the industry you work in or your professional position or duties.
The law stipulates that employers are expected to ensure the safety of their employees when at work. In short, the employer is responsible for providing reasonable safety measures are in place to ensure the workers are protected from any accidents.
Proving safety by ensuring all protective measures are in place may involve some of the following steps:
You can claim compensations for injuries for your employer if you sustain injuries at work due to the failure of your employer to ensure there are protective measures at the workplace.
For compensation eligibility, you should have an Employer’s Liability Insurance coverage because the employer’s insurers will handle the issue of filing a fall at work claim. In short, your employer will not have any direct role in the matter. It is something that most workers to do not know; they think that they will be fired from their jobs; thus they become hesitant of filing a complaint against their bosses.
Most employers will do the best they can to avoid being at fault when an employee falls at works and is injured. They take any suitable steps to cover up any would be mistakes thus making things difficult for the worker getting reimbursed for any harm caused by the fall at work. As such, the affected person (injured) will have to give proof that supports their claims. Given this, you should be aware of the various vital measures that you do take soon after the accident to improve your chances of getting compensation.
The first thing to do is to try and get medical as stance and also take photos of the scene. The pictures should be clear, showing what cause you to fall. Try to take close up pictures as several others from different full angels that give an account of the status of the spot where you landed.
Write down what happened, give an account of everything in the accident log book; this is an entry book that every business or employer should have in on the premises. It could be with the administration or the HR office. Have the detailed written record signed and ask to be given a copy of the same that states the time and date of the incident and when the file was done. Always have everything in writing, do not overlook anything even if the injuries seem minor; this increases your chances of having a strong case in court.
Do not overlook the need to go for a comprehensive physical checkup even if you feel the injuries are minor to help rule out any underlying internal injuries that you may not be aware exist and can turn into life threating complications.
Keep a record of all the medical processes, the diagnostic test, surgery, treatment, medication and consolation fees or even rehabilitation costs. You should be able to account for every penny you spent getting treated for your injuries.
When filing a fall at work injury claim, do it knowing the winning the compensations will not be a walk in the park. You should be familiar with the laws related to this and the legal requirements so that you can put together a formidable case that is worth its weight in gold when in court. You will show that you know what you are saying and this helps put forward compelling arguments that counter the arguments put forth by the employer’s insurance company.
As the law, you have a period of three years for you to be eligible to file for a claim, any injury claims filled after the 3-year period are not accepted by the court meaning that you will lose the right to get compensation. Also, try and file the fill at work claim as soon as possible to better the odds of getting compensation.
Having a specialist on your side assisting you with the claim process is also beneficial, you will have a professional that will represent you and your interests in court. Work accident attorneys with years of experience are your safest bet; they keenly listen to what you have to say, will go over the evidence and other issues related to the case that increase the chances of winning. The lawyer will take you through the evidence and discuss the case with legal and medical specialists to get an expert assessment of things to help put together a strong case that shows proof of negligence and you right to get compensated for the injuries.
In most cases, the work accident solicitors will not ask for upfront fees since they are aware of the financial strain you as the client are facing due to ongoing medical expenses as well as family and work commitments. As such, some of the lawyers will take up the case if they are sure they can win and will also do so under a “No Win No Fee” basis. In short, the agreement state that the lawyers bear the expenses for the case up until judgement is passed and expect and agreed on fee if and when the court rule in favour of your fall at work injury claim.
The cost for the legal services rendered is often set and agreed upon before filling and start of the case in court and is usually set as a percentage of the total benefits awarded to you. It is a system that will prevent you from make any out of pocket payments during the process.